BISWANATH SAHU Vs. K. SOMANATH SUBUDHI AND ORS.

JUDGEMENT

(1.) DEFENDANT No. 3 in Title Suit No. 1 of 1986 pending in the Court of the Subordinate Judge, Phulbani filed this application under Section 115 read with Section 151 of the Code of Civil Procedure (for short 'the C.P.C.'), challenging the order dated 24 -8 -1988 of the trial Court rejecting his application under Order 1, Rule 10, Order 6, Rule 17, Order 8, Rule 6 -A and Section 151 of the Code of Civil Procedure to add the Collector; Phulbani and the Settlement Officer, Berhampur as Defendants in the suit and to amend the written statement converting it to a counter claim.

(2.) OPPOSITE party No. 1 filed the aforementioned suit against opposite parties 2 and 3 with the prayers to declare his right title and possession over the suit land, to recover possession of the suit land from the Defendants after removing the cabins installed by them thereon.

(3.) IT appears from the records in the suit that the plaint was amended and the additional written statement was filed by the Defendants No. 3. When the suit reached the hearing stage, an application under Order 8, Rule 6A, read with Order 6, Rule 17 and Order 1, Rule 10 and Section 151 of the Code of Civil Procedure was filed by Defendant No. 3 on 18 -8 -1988 seeking two fold reliefs to add the Collector, Phulbani and the Settlement Officer, Major Settlement Office, Berhampur as Defendants 4 and 5 in the suit and to amend the written statement to put forth certain claims in the shape of counter claim in the suit. The counter claim sought to be introduced was to declare that the Plaintiff has no right, title, interest and possession over the suit land; and to correct the entries in the record of rights by 'deleting the Plaintiff's name and by adding the name of Defendant No. 3 therein. It was expressly stated in the application that the conversion of the written statement to a counter claim was necessitated due to the judgment passed by this Court in O.J.C. No. 467 of 1986 on 13 -5 -1988. The Defendant sought permission of the Court to pay Court fees on the counter claim.