JANAKI JENA Vs. DINABANDHU

JUDGEMENT

(1.) Heard Ms. P.S. Mohanty, learned counsel for the Petitioners and Sri D.P. Mohapatra, learned counsel for Opposite Parties.

(2.) Present CMP is directed against order dtd. 12/3/2025 of learned Senior Civil Judge, Balasore passed in CS No.1750/1978 of 2021, wherein the prayer for amendment of the plaint has been refused.

(3.) Present Petitioners, who are the Plaintiffs, have filed the suit praying for partition and at the stage of argument they filed a petition praying to insert certain facts that Rasika Jena and others were recorded as Sikim Tenants under Sikim Khata No.3 and 4. The other aspect of prayer for amendment to change the name of common ancestor of the parties as Bali @ Banamali Jena has also been rejected. Such prayer for amendment has been rejected on two grounds, first, the same was previously rejected vide order dtd. 17/5/2024 of the trial court and secondly, the properties under Lot No.2 of suit schedule B properties are no way traced to be connected with Sikim Khata No.3 and 4.