JUDGMENT

M. M. DAS, J.

Order under Annexure – 3 to the writ application passed by the learned Civil Judge (Senior Division), Bhadrak, in Probate Case No.20 of 2008/401 of 2009 allowing an application under Order – 18, Rule – 16 CPC filed by the petitioners in the said Probate Case to examine one of the witnesses, namely, Benudhar Pati before recording the evidence of the other witnesses, is under challenge.

2. When a partition suit was proceeding between the parties, an amendment was sought for, consequent upon a probate proceeding being filed to the writ application, was filed before this Court in connection with the said amendment petition registered as W.P.(C) No.17001 of 2009 by the present petitioners, which was disposed of by this Court by order dated 01.11.2010 directing the learned trial court to dispose of the application for amendment filed by the plaintiff within a period of two weeks. It was further directed that in the event, the amendment is allowed, the learned trial court shall try the partition suit as well as the Probate Misc. Case together, as both the cases involve a cover issue. In the meanwhile, the petition for amendment of the plaint was allowed.

3. While th