PATEL MAJHI Vs. RAIMATI KISANI

JUDGEMENT

(1.) The defendants in Title Suit No. 35/46 of 1966 in the Court of the Subordinate Judge, Sambalpur have filed this petition u/s.115 of the C. P. Code challenging the order, allowing the application filed by the opposite parties for amendment of the plaint.

(2.) The plaintiffs-opposite parties filed the suit for partition of the lands described in schedule 'A' and 'B' of the plaint. The defendants in their written statement took the plea that lands under Schedule 'B' are their self-acquired properties and as such not available for partition. The trial Court accepting this contention of the defendants decreed the plaintiff's suit in respect of 'A' schedule lands and dismissed the suit in respect of the 'B' schedule lands. Against this decision the defendants preferred an Appeal (Title Appeal No. 16/79). The Appellate Court set aside the decision of the trial Court and remanded the suit to the trial Court for fresh disposal after recording the evidence on two points viz : -

(3.) The petitioners filed their objection to the application for amendment on the grounds, inter alia, that the amendment if allowed would nullify the appellate order in part and it would prejudice them. The trial Court negatived the objection and allowed the application of the plaintiff-opposite parties under O.6, R.17 of the C.P. Code.