AKSHAYA PRADHAN ALIAS AKSHAYA KUMAR Vs. ASHAMONI BEHERA

JUDGEMENT

(1.) THIS revision application filed by the plaintiff has assailed the order passed by the learned Civil Judge (Senior Division), Baripada in T. S. No. 63 of 1993 whereby he refused the prayer for amendment sought by the petitioner.

(2.) THE plaintiff has filed a suit for declaration of his title in respect of two buses and for direction to the defendants 2 and 3 to record the name of the plaintiff as owner in respect of those buses in the R. C. Book and for permanent injunction restraining the defendant Nos. 1 and 5 from transferring the ownership of the buses.

(3.) DEFENDANT No. 5 did not choose to file any written statement and was accordingly set ex -parte. Defendant No. 1 filed the written statement denying the sale of those two buses to the plaintiff and also questioned the authority of defendant No. 5 for sale and execution of the deeds of transfer in plaintiff's favour. She also disputed the power -of -attorney purported to have been executed in favour of defendant No. 5.