GANDHARB MOHARANA Vs. KAILASH MOHARANA

JUDGEMENT

(1.) The petitioner has filed this petition challenging the order dtd. 3/1/2023, passed by the learned Civil Judge (Senior Division), Jajpur Road, which rejected the application under Order VI, Rule 17 of the CPC. The application sought to amend the plaint in C.S. No. 211 of 2020, filed on 7/12/2020, for partition of the scheduled property.

(2.) Heard Mr. Lakshman Mishra, learned counsel for the petitioner and Mr. Manoranjan Mishra, learned counsel for the opposite parties no.1 to 3.

(3.) The present petitioner filed a partition suit against as many as thirteen defendants. In the plaint, he has impleaded Kunti Moharana as defendant no.3 describing her as the wife of late Kalandi Moharana. He has also described that he and defendant nos.1 and 2 are the sons of Kalandi Moharana. In the genealogy given in paragraph-2 of the plaint also the petitioner described defendant no.3, Kunti Moharana, as the wife of Kalandi Moharana and described himself to be the son of Kalandi Moharana. Claiming to be one of the sons of Kalandi Moharana, he has sought for partition of the schedule property.