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1985 Supreme(Ori) 140

D.P.MOHAPATRA
SABITRI DEBI – Appellant
Versus
RAMACHANDRA – Respondent


Advocates Appeared:
B.Routray, G.RATH, M.MISHRA, R.K.MOHAPATRA, U.C.Panda

D. P. MOHAPATRA, J.


( 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 : -"that the properties described in the Schedule 'b' of the plaint is the joint family immovable properties belonging to the branch of Harekrushna in which the share of Bidyadhar alias Budhi is 1/3rd and that of Jadu is 1/3rd and the remaining 1/3rd belongs to the branch of Padmanav. "separate written statements were filed on behalf of defendant No. 2, on behalf of defendant Nos. 1, 4, 5 and 6, on behalf of the defendant Nos. 12 to 23, on behalf of defendant No. 9 and on behalf of defendant No. 11. Defendant Nos. 1, 4, 5 and 6 in their written statement in paras 10 and 11, which are relevant for the purpose of the case state









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