LAWS(ORI)-2014-3-44

GANGABATI BIRGUNTHIA Vs. BIJAY KUMAR MOOR

Decided On March 04, 2014
Gangabati Birgunthia Appellant
V/S
Bijay Kumar Moor Respondents

JUDGEMENT

(1.) Heard Mr. A.P. Bose, learned counsel for the petitioners fend Mr. S. Udgata, learned counsel for the caveator-opposite parties.

(2.) This application has been filed by the petitioners assailing the order dated 30.10.2013 passed by the learned Civil Judge (Junior Division), Jharsuguda in C.S. No. 69 of 2005 rejecting the application filed under Order 6, Rule 17, CPC for change of valuation of the suit from Rs. 15,000/- to Rs. 51,000/-.

(3.) Mr. A.P. Bose, learned counsel for the petitioner states that by rejecting such application under Order 6, Rule 17, CPC, the learned Court below has committed gross error apparent on the face of record' on the ground that the defect in the valuation of the suit has been pointed out at the fag end of hearing of the suit and by allowing such application for amendment of the plaint, no prejudice would be caused to the defendants-opposite parties.