JUDGMENT

Dr. B.R. Sarangi, J.: The plaintiff-petitioner has filed this application assailing the order dated 13.1.2006 passed by learned Additional Civil Judge (Senior Division), Bhubaneswar in C.S No.63/367 of 2005/2002 rejecting the application filed for amendment of the plaint under Order 6 Rule 17 CPC.

2. The epitome of the fact of the case is that the plaintiff-petitioner filed C.S No. 63/367 of 2005/2002 before the learned Additional Civil Judge (Senior Division), Bhubaneswar seeking for cancellation of the registered sale deed No.411/02 dated 30.3.2002 executed before the Registering Authority, Balipatna by the defendant-Opposite Party No.1 in favour of defendants Nos. 2 to 4 and for a direction to retransfer the suit property of the plaintiff-petitioner on receipt of the consideration amount paid by him through RSD No. 411 of 2002.

3. Banchhanidhi Nayak had three sons, namely, Dibakr, Banambar and Bhramara. The three brothers were separate in mess and Banambar shifted to another ancestral house at Plot No. 901 and Dibakar and Bhramara stayed in the ancestral house over Plot No. 904 in the same village in a joint mess. Although Dibakar had adopted Satyabadi @ Gagan, he did no