MEERA PATRA Vs. REKHA PRADHAN AND OTHERS

JUDGEMENT

(1.) This petition challenges the order dated 24.12.2014 passed by the learned Civil Judge (Sr. Divn.), Baripada in C.S. No.467 of 2013, whereby and whereunder learned trial court rejected the application of the plaintiff under Order 6 Rule 17 C.P.C. to delete the name of State Bank of India-defendant no.6 and delete few paragraphs with regard to mortgage of the property in favour of defendant no.6.

(2.) The petitioner as plaintiff instituted the suit for partition impleading the opposite parties as defendants. It is, inter alia, pleaded that the suit property is the joint family property of defendant nos.1 to 5. Defendant nos.2 and 3 in connivance with the defendant nos.1, 4 and 5 clandestinely mortgaged the property in favour of State Bank of India, defendant no.6. Defendant no.6 filed written statement. While the matter stood thus, plaintiff filed an application purportedly under Order 23 Rule 1 C.P.C. for withdrawal of the suit against defendant no.6. Defendant no.6 filed objection to the same stating therein that the suit property had been mortgaged in favour of the Bank. Since the loanee became a defaulter, the Bank had taken possession of the same under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter referred to as "SARFAESI Act"). By order dated 24.11.2014, learned trial court rejected the said application. The said order attained its finality. Again another application was filed by the plaintiff under Order 6 Rule 17 C.P.C. to amend the plaint. In the proposed amendment, the plaintiff sought to delete the name of defendant no.6 from the cause title of the plaint and delete certain paragraphs of the plaint with regard to mortgage of property in favour of the defendant no.6. Learned trial court rejected the same.

(3.) Heard Mr. P.K. Swain, learned counsel for the petitioner and Mr. P.V. Balakrishna, learned counsel for the opposite party no.6. None appeared for the opposite party nos.1 to 5.