IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.256 of 2026 Sushila Gadishyam & Others …. Petitioners Mr. S.K. Dash, Advocate -versus- Ilamadhab Patra & Others …. Opp. Parties CORAM: HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 12.02.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners. Perused the CMP application as well as the prayer made therein. 3. By filing the present application under Article 227 of the Constitution of India, the Plaintiffs-Petitioners have approached this Court challenging the order dated 21.10.2026 passed by the learned Civil Judge (Senior Division), Koraput in Civil Suit No.108 of 2025. 4. Learned counsel for the Petitioners at the outset contended that the Petitioners as Plaintiffs filed the suit for grant of declaration as well as the other reliefs. Before the suit to be admitted, the Plaintiff-Petitioners Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Feb-2026 10:30:47 Signature Not Verified p. 2 filed an application seeking amendment to the plaint before the Sheristadar. However, the Sheristadar did not permit the Plaintiffs to carry out the correction in the plaint. Accordingly, the matter was placed before the Court. The learned Civil Judge (Senior Division), Koraput by order dated 21.01.2026 rejected the prayer of the Plaintiffs on the ground that there was no question of amendment arises as the suit has not been admitted as of now. Challenging such order, the Petitioners have approached this Court by filing the present CMP application. 5. Learned counsel for the Petitioners in course of argument referring the provisions containing in the CPC that before admission of the suit, it is open to the Plaintiffs to carry out necessary correction in the plaint, no formal judicial order is required for such amendment. However, in the present case, the learned trial Court has wrongly rejected the application of the Plaintiffs even though the same was not yet admitted. 5. On a careful consideration of the submission of the learned counsel for Petitioners and looking at the impugned order dated 21.01.2026, this Court is of the view that no formal order by the Court is necessary for amendment before the plaint is admitted. Such correction in the plaint should have been permitted by the Sheristadar himself. Accordingly, the impugned order dated 21.01.2026 passed by the learned Senior Civil Judge, Koraput is set aside and the matter is Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Feb-2026 10:30:47 Signature Not Verified p. 3 remanded back to the learned Senior Civil Judge, Koraput. The Plaintiff-Petitioners are permitted to carry out necessary correction in the plaint as well as in the I.A. by the Sheristadar within a period of ten days from today, if such corrections are formal in nature. 6. Although there is no such necessary to issue notice to the Opposite Parties that the suit has not yet been admitted, however, liberty is granted to the Opposite Parties to seek variation/modification of this order. 7. With the aforesaid observation and direction, the CMP stands disposed of. (Aditya Kumar Mohapatra) Judge amit