ORDER

14.08.2013 - Heard learned counsel appearing for the parties.

2. The order dated 26.02.2013 passed by the learned Civil Judge (Senior Division), Jajpur in Civil suit No. 363 of 2002 is in question in this writ petition. The facts are not in dispute. The plaintiff filed a suit for partition, which was decreed preliminarily on 29th October, 2003. An application for final decree proceeding was filed by the plaintiff. Accordingly, in the final decree proceeding one Amin Commissioner was deputed to effect the partition. At the time of spot verification, it came to the notice that certain properties, which are not the properties of the plaintiff's family, have been wrongly included therein and some other plots have been wrongly excluded from the suit schedule. Accordingly, the Amin Commissioner could not make a division of the property in accordance with the preliminary decree. Thereafter, the plaintiff filed an application under Order VI, Rule 17 of the C.P.C., which was rejected on 26.02.2013 only on the ground that the current settlement R.O.R. has not been produced to show that the other lands which were to be amended is actually the property of the concerned party. The second pa