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2006 Supreme(Ori) 158

N.PRUSTY
SANTOSH KUMAR SAHOO – Appellant
Versus
RADHANATH SAHOO – Respondent


Advocates Appeared:
KALYAN PATNAIK, P.SINHA, Ranjit Samal, S.Patnaik

N. PRUSTY, J.

( 1 ) THIS writ petition has been filed by the plaintiff-petitioner Santosh kumar Sahoo challenging the order dated 1-12-2005 passed by the learned Civil Judge (Senior Division), Cuttack in C. S. No. (1) 234 of 2003 wherein the application filed by the petitioner under Order 6, Rule 17 read with sections 151 and 152 of the Code of Civil procedure for amendment of the plaint and two applications filed by both the plaintiff and defendants under Sections 151 and 152 of c. P. C. , for amendment of the compromise petition and accordingly correction of the Final decree respectively, as indicated in the schedules of the proposed amendments, were dismissed.

( 2 ) HEARD Mr. Patnaik, learned counsel for the plaintiff-petitioner and Mr. Samal, learned counsel for the opposite parties-defendants. Mr. Patnaik, learned counsel appearing on behalf of the plaintiff-petitioner submits that at the time of filing of the suit for partition i. e. C. S. No. (1) 234 of 2003 in the Court below, inadvertently only the descriptions of the khata number in the schedules of property have been wrongly mentioned i. e. at some places khata number has been wrongly described in the plaint even thoug





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