JUDGMENT :

M. Papanna, J. - The order of the learned 1st Addl. Civil Judge (Sr. Division), Cuttack, passed in T.S. No. 91/91 allowing plaintiffs' prayer for amendment of the plaint is under challenge in this Civil Revision.

2. Defendants 1 to 4 in T.S. No. 91/91 before the learned 1st Addl. Civil Judge (Sr. Division), Cuttack are the petitioners whereas the plaintiffs in the suit are the opposite parties herein.

3. Brief facts of the case needed for determining the question in controversy in the revision are like this :

Plaintiffs brought the above suit for the decree for partition of the suit properties. One late Birendra Kumar Mukherjee was the common ancestor of the plaintiffs and also defendants. He had five sons. Nirmal Kumar Mukherjee was his eldest son. He was the custodian of his father's property in Cuttack town. His other four sons being well placed were serving elsewhere. In 1973 there was a partition of his immovable properties among his widow Taru Bala Mukherjee and five sons by a Bibada Bhanjan Patra. His agricultural lands and some movable properties continued to be their joint properties. His eldest son Nirmal Kumar Mukherjee was in possession of the said properties. I