LAXMINARAYAN MOHAPATRA Vs. SOHINI BAHAR SUR

JUDGEMENT

(1.) THE plaintiff has filed this application under Articles 226 and 227 of the Constitution of India, challenging the legality of the order dated 29 7 98 passed by the learned District Judge, Puri in Civil Revision No. 31 of 1998 by which he has confirmed the order of the trial court, rejecting his application under Order 6, Rule 17 of the Code of Civil Procedure (hereinafter referred to as 'the Code').

(2.) BEREFT of all unnecessary details, the uneontroverted facts of the case are as follows :

(3.) IN the year 1997, the petitioner filed a petition under Order 1, Rule 10. C. P. C. to implead Puri Municipality as a defendant in the suit. The said petition was rejected by the trial court. Against the said rejection order, he preferred civil Revision No. 93 of 1997 before the District Judge, Puri, who confirmed the order. Thereafter, petitioner filed a writ application beating O. J. C. No. 17693 of 1997. This Court also declined to interfere with the older of rejection passed by the courts below. Thereafter, the suit proceeded and the evidence on behalf of the petitioner was closed. At that relevant time, the petitioner filed another petition under Order 6, Rule 17 of the Code (Annexure 1) praying to amend the plaint by inserting Puri Municipality represented by its Chairman and the Executive Officer, Puri Municipality as defendants 3 and 4 respectively. He also wanted to add two more paragraphs to the original prayer apart from certain additional averments. The reliefs sought to be introduced by way of amendment are as follows :