MADHUSUDAN SAHU Vs. PABANI BEHERA

JUDGEMENT

(1.) IN this writ petition, the petitioners have challenged the order dated 23.7.2007 passed by the learned Civil Judge (Junior Division), Nimapara in Civil Suit No.189 of 2007 allowing the application filed by the plaintiffs for amendment of the plaint.

(2.) THE facts, as narrated in writ petition, are as follows:

(3.) THE defendants filed their written statements traversing the plaint allegations. They pleaded that the dispute with regard to the title between the parties is pending before the Consolidation Officer, Gop -Kakatpur in Remand Revision Case No.5429 of 2000. Plaintiffs have no title or possession in respect of Plot No.6893. Therefore, the suit should be dismissed in respect of the said plot. Thereafter, the defendants filed an application for amendment of the written statement by incorporating the facts relating to development of the consolidation proceeding. The said application was resisted by the plaintiffs by filing objection. The plaintiffs filed an application for amendment of the plaint on the same date. The defendants filed their objection. Both the applications were taken up for hearing and on 23.7.2007 the learned Civil Judge (Senior Division), Nimapara came to the conclusion that the amendment sought by both parties, if carried out, would not change the nature of the suit and would not cause irreparable loss to the other side. Hence, he allowed both the petitions subject to payment of cost of Rs.50/ - to each of the parties. The defendants challenged the said order in respect of amendment of the plaint. However, the plaintiffs did not challenge the amendment sought by the defendants.