SABITRI DEBI Vs. RAMACHANDRA

JUDGEMENT

(1.) Being aggrieved by the order dated 6-2-1982 of the Addl. Subordinate Judge, Cuttack in Title Suit No. 5 of 1978 rejecting her application for amendment of the plaint, the plaintiff has filed this application under S.115, of the Civil P.C. challenging the said order.

(2.) The petitioner filed the suit praying for a preliminary decree for her 1/12th share in Schedule 'B' and 1/4th share in Schedule 'B-l' and for specific allotment of the same, Para 3 of the plaint, which is relevant for the present purpose initially reads as follows : -

(3.) The plaintiff-petitioner filed an application on 18-1-1982 before the trial court seeking to amend the plaint in the manner indicated below. Proposed amendment Add the following below para 3 of the plaint. "That the schedule 'B' property is the separate property of late Harekrushna." In the application it was stated that since defendant Nos. 1 4, 5 and 6 amended their written statement and stated that the schedule 'B' property is the ancestral coparcenary property of Harekrushna though they had previously stated that the schedule 'B' property is his self-acquired property, it is necessary to amend the plaint.