Judgment

R. DASH, J.

Being aggrieved by the order dated 4.1.2014 passed by the learned Senior Civil Judge, 1st Court, Cuttack in I.A. No.608 of 2013 arising out of C.S.(I) No.685 of 2013 rejecting the application under Order 39 Rule 1 and 2 C.P.C., the Plaintiff before the learned lower court has preferred this appeal.

2. The Respondent herein is the sole opposite party in the I.A. and arrayed as D.14 in the suit. The appellant has filed the suit praying, inter alia, for partition of the suit schedule property and a declaration that the equitable Mortgage Deed dated 29.3.2008 created in respect of the suit schedule land by her deceased father Tusarkanti Kanungo in favour of the Respondent-Bank is illegal, fraudulent and obtained by misrepresentation. It is pleaded that the common ancestor of Plaintiff-appellant and Defendant Nos.1 to 12, namely, Sachidananda Kanungo had acquired the suit property out of his own earning as well as from the income derived from his ancestral property. He died leaving behind the Plaintiff and D.1 to 12 as his heirs. Sachidananda had three daughters and one son who is father of the Plaintiff and D.2 and 3 and husband of D.1. After the death of his three si