DIPTIMAN DEY Vs. BANSHIDHAR MOHAPATRA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 5/9/2023 (Annexure-5) passed by learned Senior Civil Judge, Jaleswar in CS No.344 of 2016 is under challenge in this CMP, whereby an application filed by the Plaintiffs-Petitioners under Order VI Rule 17 CPC for amendment of the plaint, has been rejected.

(3.) Mr. Mishra, learned Senior Advocate appearing for the Petitioners submits that the suit has been filed for declaration of right, title and interest over the suit schedule property and for permanent injunction. The suit was dismissed against which the Plaintiffs-Petitioners preferred RFA No.184 of 2013. Vide judgment dtd. 5/11/2016, the appeal was allowed and learned appellate Court directed learned trial Court to decide the suit afresh.