V. SURYA KUMARI Vs. MUTIALLA RAMA KRUSHNA

JUDGEMENT

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

(2.) Order dtd. 24/4/2024 (Annexure-5) passed by learned Senior Civil Judge (WC), Bargarh in C.S. No.146 of 2011 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. Rath, learned counsel for the Plaintiffs-Petitioners submits that the suit was filed for declaration of 1/3rd share over suit Schedule-A,B,C property along with house standing thereon to each of the Plaintiff and to make separate allotment of shares as well as declaration of right of Plaintiff No.2 over 'G' Schedule land along with other relief. During cross-examination of D.W.1 by the Plaintiffs, an objection was raised to certain suggestions stating that the same was not specifically pleaded in the plaint.