SANATAN JENA Vs. BABJI SAHU

JUDGEMENT

(1.) The refusal of the original petitioners application for amendment under Order 6, Rule 17 of the Code of Civil Procedure (for short `the code') had brought him to this Court.

(2.) One Sanatan Jena as plaintiff filed T. S.No. 113 of 1985 in the court of the Munsif, Bhadrak for removal of certain encroachments over the suit property and for permanent injunction. The plaintiff-petitioner gave a particular description of property in the plaint and attached a rough sketch map indicating outlines of the suit property.

(3.) The defendant (opposite party in the present case) filed written statement alleging vagueness of description of the suit property. Subsequently, an application for amendment was filed by the aforesaid Sanatan Jena to correct the description of the property. The application was resisted by the opposite party on the ground that the amendment would change the nature and character of the suit. After hearing the parties, the learned Munsif by the impugned order rejected the application.