INDRAMANI JENA Vs. BABAJI CHARAN NAYAK

JUDGEMENT

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

(2.) Order dtd. 10/10/2023 (Annexure-3) passed by learned Civil Judge (Junior Division), Nimapara in T.S. No.27 of 1997 is under challenge in this CMP, whereby an application filed by the Plaintiff-Opposite Party for amendment of the plaint, has been allowed.

(3.) Mr. Kar, learned counsel for the Petitioners submits that the suit was dismissed vide judgment dtd. 18/11/2000. Assailing the same, the Plaintiff preferred RFA No.9/11 of 2018/2001. Learned Additional District Judge, Nimapara allowed the said appeal and remitted the matter for identification of the land by deputing a Survey knowing Commissioner. The parties are also allowed to adduce evidence in the matter. After remand, an application under Order VI Rule 17 CPC was filed by the Plaintiff-Opposite Party to amend the plaint and thereby proposing to change the dimension of the property.