JUDGMENT :

BISWANATH RATH, J.

1. This matter involves challenge to the order dated 3.2.2017 passed in T.S. No. 115 of 1996 (F.D.) in exercise of power under Order 20 Rule 18 of C.P.C.

2. Short background involved in the case is that the plaintiff-petitioner filed the T.S. No. 115 of 1996 (F.D.) for partition of the suit property claiming one sixth share in the suit property along with Ac. 0.76 decimals purchased by him out of the suit scheduled property. The suit was preliminarily decreed ex-parte against the defendants where the plaintiff was directed to be entitled to get one sixth shares towards his share and Ac. 0.76 decimals of land purchased by him from the share holders out of the suit property. It was also observed therein that failure in achieving an amicable partition of the suit property within the time framed, for partition of the suit schedule property through process of court on appointment of a civil court Amin commissioner. It also further reveals that after passing of the judgment and decree in T.S. No. 115 of 1996 the petitioner has subsequently purchased an area of Ac. 0.91 decimals out of the suit properties by virtue of a registered sale deed dated 22.01.2002 from