JUDGMENT :

A.K. Rath, J.

By this petition under Article 227 of the Constitution of India, challenge is made to the order dated 15.09.2014 passed by the learned Civil Judge (Sr. Divn.), Bhadrak in I.A. No.119 of 2013 arising out of T.S. No.111 of 2003-I. By the said order, learned trial court rejected the application of the plaintiffs seeking leave of the court to include two plots in the plaint and to amend the decree accordingly.

2. Since the dispute lies in a narrow compass, it is not necessary to recount in detail the cases of the parties. Suffice it to say that the petitioners as plaintiffs instituted the suit for partition impleading the opposite parties as defendants. Pursuant to issuance of summons, the defendant nos.2 and 5 entered appearance and filed their written statement. Other defendants were set exparte. While the matter stood thus, the plaintiffs filed an application for amendment of plaint on 22.03.2006 to include two plots in the suit schedule. The same was allowed. But then the plaintiffs did not carry out the amendment. Both the parties led evidence. The suit was decreed preliminarily on 19.10.2011. Thereafter, the plaintiffs filed an application under Sec.151 C