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IN THE COURT OF THE SENIOR CIVIL JUDGE,

ODAGAON
C.S. No – 202 of 2023
IN THE MATTER OF:
An application under Order – 1,
Rule – 10(2) r/w – Section – 151 of
CPC, 1908 for addition of a party as
defendant.
AND
IN THE AMTTER OF:
Upendra Kumar Sahoo ……… Plaintiff
-Versus-
Brajendra Kumar Sahoo & another
………. Defendants
AND
IN THE MATTER OF:
Soudamini Sahoo aged about – 50 years
wife of - Rabindra @ Brajendra Kumar
Sahoo At/P.O – Gumi, P.S. – Odagaon,
Dist – Nayagarh
……… Petitioner
The humble petition of
the above-named petitioner
Most respectfully Sheweth:
1. That the petitioner came to know that one
Upendra Kumar Sahoo (above named plaintiff)
has instituted the above-mentioned Civil Suit
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before your Honour’s Court and same is pending

for adjudication.
2. That the above mentioned suit which is pending
before yours Honour’s Court for adjudication
involves Gharabari Lands vide 1) Khata No –
18, Plot – 1158, 2) Khata No – 113, Plot No –
1159 and 3) Khata No – 127, Plot No 1157 for
partition. Out of these three lands the plaintiff
Upendra Kumar Sahoo has sold out the land
measuring area AC 0.10 Decimals to the present
petitioner through a written agreement dtd.
04.08.2005 in presence of village gentries for the
consideration amount Rs. 1,22,500/- (one lakh
twenty thousand five hundred Rupees) only
which has been paid by the present petitioner in
presence of local gentries.
3. That similarly, the above suit also involves the
agricultural land vide Khata No – 113, Plot No –
768 under Mouza – Gumi of Tahasil – Nuagaon
for partition. Out of this land the plaintiff has
also sold out the land measuring Area AC. 0.51
Decimals for consideration amount Rs. 32,500/-
(Thirty-two thousand five hundred) only to the
present petitioner.
4. That the above-named plaintiff has sold out the
above noted lands from his share in his ancestral
property to the present petitioner by representing
that his ancestral property has been partitioned
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and the above land sold out to the petitioner fall

in his share and his is authorized to sale these
lands.
5. That the plaintiff has instituted the above suit for
partition of his ancestral property including the
above lands from which he has sold to the
petitioner and without making her a party to this
suit or disclosing anything regarding the said
sale he has instituted the suit suppressing
material facts.
6. That the petitioner has right, title and interest
over the scheduled lands in the plaint from
which she has purchased the land from the
plaintiff.
7. That if a separate suit to establish the right, title
and interest of the petitioner over these lands is
instituted by her, common question of both law
and fact shall arise as she is a necessary party to
the suit noted above which is pending before
your Honours Court for adjudication.
8. That though the present petitioner is not a party
to the above-mentioned suit instituted by the
plaintiff, if the suit will be disposed of without
impleading her as a party to the same, there will
be no locus standi to argue her case and she will
get irreparable loss for which there will be
injustice to her and further the same will lead to
multiplicity of litigations.
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9. That the present petitioner ought to have been

joined as a defendant and her presence before
your Honour’s Court is necessary in order to
enable the court effectually and completely to
adjudicate upon and settle all the questions
involved in the suit.
10. That addition of present petitioner as a
defendant to the suit noted above is necessary as
to avoid the multiplicity of proceedings.
11. That the petitioner wants to be a defendant in
this suit for the interest of justice and proper
adjudication.
PRAYER
It is therefore prayed that considering the
aforesaid facts and circumstances of the case this
Hon’ble Court would graciously be pleased to
allow this petition and the petitioner be added as
a party (Defendant) to the suit vide C.S. No –
202 of 2023 for the interest of justice and proper
adjudication.
Or pass such other order(s) / direction(s)
as the Hon’ble Court deems fit, just and proper
for the interest of justice.
And for this act of kindness the petitioner
as in duty bound shall ever pray.
Date:
Place: By the Petitioner through
his
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Advocate.

VERIFICATION
I Soudamini Sahoo aged about – 50 years wife
of - Rabindra @ Brajendra Kumar Sahoo At/P.O –
Gumi, P.S. – Odagaon, Dist – Nayagarh hereby verify
that the averments made in this petition are true to the
best of my knowledge and belief in token where of I
sign this verification today the day of 2024
being present in the court premises of Seniou Civil
Judge, Odagaon.

Verificant
AFFIDAVIT
I Soudamini Sahoo aged about – 50 years wife of -
Rabindra @ Brajendra Kumar Sahoo At/P.O – Gumi,
P.S. – Odagaon, Dist – Nayagarh do hereby solemnly
affirm and state on oath as follows:
1. That I am the petitioner in this case.
2. That the facts stated above are true to the best of
my knowledge and belief.
Identified by

Advocate Deponent