SUSANTA MOHAPATRA Vs. RAMESH CHANDRA MOHAPATRA

JUDGEMENT

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

(2.) Order dtd. 3/10/2023 (Annexure-5) passed by learned Civil Judge (Senior Division), Jaleswar in CS No.491 of 2022 is under challenge in this CMP, whereby an application filed by the Defendant No.3-Petitioner for amendment of his written statement, has been rejected.

(3.) Mr. Mishra, learned counsel for the Petitioner submits that the Plaintiffs-Opposite Party Nos.1 and 2 have filed the suit for partition for allotment of 2/3rd share of 'B' schedule property in favour of the Plaintiffs and 1/3rd share in favour of the Defendants. Although the written statement was filed, but inadvertently, the Defendant Nos.1, 3 and 5 could not take a stand that Laxmi Devya, the predecessors of the Plaintiffs had executed a Registered Gift Deed No.5099 dtd. 24/9/1934 in favour of the Panchanan Mohapatra, son of Krupasindhu Mohapatra and Ramachandra Mohapatra son of Nath Charan Mohapatra in respect of CS Plot No.790 under CS Khata No.498 to an extent of Ac.0.45 dec. out of Ac.1.37 dec. Subsequently, said Laxmi Devya also executed RSD No.5843 dtd. 18/12/1934 in favour of the Bholanath Mohapatra, Srikanta Mohapatra and Kedarnath Mohapatra sons of Mahindra Mohapatra and delivered possession to them. The aforesaid averments are relevant for just adjudication of the suit. After closure of the evidence of the Plaintiffs when the Defendant Nos.1, 3 and 5 were preparing to adduce evidence, the aforesaid fact came to their knowledge and accordingly, an application under Order VI Rule 17 CPC was filed for amendment of the plaint.