BIJAN KUMAR PANDA Vs. SANTILATA PANDA

JUDGEMENT

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

(2.) The Petitioner in this CMP seeks to assail the order dtd. 21/10/2021 (Annexure-1) passed in C.S. No.45 of 2010, whereby learned Civil Judge (Senior Division), Bhubaneswar exercising power under Sec. 152 CPC, corrected the judgment and final decree.

(3.) Mr. Bose, learned counsel for the Petitioner submits that C.S. No.45 of 2010 was filed by Plaintiff-Opposite Party No.1 for partition. During pendency of the suit, parties thereto entered into compromise and a petition to that effect along with terms of settlement was filed and the suit was disposed of vide judgment dtd. 29/11/2018 (Annexure-3) on the terms and conditions of said compromise. Terms and conditions of the compromise petition (Ext. A) also formed part of the judgment and preliminary decree. Pursuant to the preliminary decree passed on compromise, final decree was also drawn up. When the matter stood thus, the Plaintiff-Opposite Party No.1 filed an application under Sec. 152 CPC on 12/8/2020. Learned trial Court without issuing any notice to the Defendants including the Petitioner, who was Defendant No.2 in the suit, corrected the judgment and final decree, vide order dtd. 21/10/2021 under Annexure-1. Assailing the same, this CMP has been filed.