MRINAL KANTI PANDA Vs. AMARENDRA NATH PANDA

JUDGEMENT

(1.) THIS application is at the instance of the plaintiff and is directed against the Order No.126 dated November 19, 2012 passed by the learned Civil Judge (Junior Division), 1st Court, Contai in Title Suit No.253 of 1992 thereby rejecting an application for amendment of the plaint.

(2.) THE plaintiff/petitioner herein instituted the aforesaid suit against the opposite parties before the learned Trial Judge for declaration, permanent injunction and other reliefs. He has prayed for a decree of declaration of title in respect of the 'ka' schedule property, permanent injunction against the defendants in respect of the said property restraining them from claiming any right, title, interest and other reliefs.

(3.) BY the proposed amendment, the plaintiff has prayed for inclusion of certain facts, change of the prayer such as mandatory injunction in respect of the 'Ga/1' schedule property to be included in the plaint by way of amendment, change of valuation and certain facts including addition of Paragraph - 5 Ka and also the prayer for a decree of partition in respect of 'Ga' schedule property and removal of the road constructed on the 'Ga/1' property by way of mandatory injunction and other reliefs. That application was rejected by the impugned order. Being aggrieved, this application has been preferred.