JUDGMENT :

Sanju Panda, J. - Since in both the writ petitions common questions are involved, they were heard together and are being disposed of by this common judgment.

2. In Writ Petition No. 1635 of 2003 challenge has been made to the order dated 13.11.2002 passed by the learned Ad hoc Addl. District Judge, Fast Track Court, Balasore in Civil Revision No. 6 of 2001 allowing the amendment by setting aside the order dated 21.10.2000 passed by the learned Addl. Civil Judge (Senior Division), Balasore in O.S. No. 85 of 1980 rejecting the amendment application. In W.P.(C) No. 8434 of 2005 challenge has been made to the order dated 21.10.2000 passed by the learned Addl. Civil Judge (Senior Division), Balasore in F.D. No. 85 of 1980-I rejecting the amendment application.

3. The facts leading to filing these cases are as follows:

Opposite parties 1 and 2 in W.P.(C) No. 1635 of 2003 as the Plaintiffs filed the suit for partition and a preliminarily ex parte decree was passed on 26.4.1984 against the Defendant No. 1 Petitioner and proforma opposite parties 3 to 9 declaring l/9th share of each of the Plaintiffs in 'Kha' and 'Ga' Schedule properties. Thereafter, the Plaintiffs filed the final de