GOPAL CHANDRA SAHA Vs. ABHIRAM DAS

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The petitioners have challenged the order dated 12.10.2004 passed by the learned Civil Judge (Jr. Division) Balasore in O.S. No. 168 of 2001 wherein it rejected the petition filed under Order 6 Rule 17 of C.P.C. by the petitioners.

(3.) The petitioners are the plaintiffs in the aforesaid suit. The suit was filed for declaration of title in respect of 'kha' schedule land and other ancillary reliefs. The defendants averred in their written statement that the suit land was not described in detail and that the suit was bad for non-joinder of parties. So the plaintiffs filed the aforesaid petition to amend the 'Kha' schedule property by describing it in detail and to add some parties and also to change the alphabets of the title of some of the parties. The trial Court rejected the petition holding that by way of amendment the plaintiffs are trying to disown their admission and if the amendment is allowed, it would introduce a new case. Being aggrieved with the said order, the plaintiffs have filed the writ petition.