JUDGMENT :

P.K. Mohanti, J. - The question whether a Court has jurisdiction to allow an amendment of the plaint schedule after preliminary decree is passed in a partition suit is the sole point for consideration in this Civil Revision.

2. Opposite parties 1 to 3, as Plaintiffs, brought Title Suit No. 192 of 1973 in the Court of the Sub-Judge, Cuttack, for partition of their half-share in the suit property and obtained a preliminary decree for partition. During the pendency of the final decree proceeding, they came up with a petition for adding some more properties to the plaint schedule by way of amendment on the ground that those are joint family properties liable for partition and were omitted from the plaint schedule by mistake. Defendants 2 to 4 filed counter contending that the properties sought to be added to the plaint schedule are not joint family properties and that they had acquired title to the same by adverse possession. The learned Additional Subordinate Judge having allowed the prayer for amendment, Defendants 2 to 4 have come up in revision.

3. Mr. B. Patnaik, the learned Counsel for the Petitioners straneously urged that after the preliminary decree is passed, the Cour