BAJIRAM PANDA Vs. STEEL AUTHORITY OF INDIA LTD

JUDGEMENT

(1.) This revision arises out of an order refusing the prayer to amend the plaint. Plaintiff filed the suit in the year 1987 for declaration of his right over the suit land of which the sketch was attached to the plaint and for permanent injunction against the defendants from interrupting with his peaceful possession. He obtained temporary injunction. Suit was posted to 20 -8 -1987 for settlement of issues. When the suit was heard on settlement of issues on that date plaintiff could have known the deficiencies in the plaint which he seeks to remove now by amendment He did not take any step at that stage and issues were settled. Suit was posted for hearing on 25 -11 -1987. For getting ready in hearing of the suit, plaintiff could have known deficiency if any in the plaint also. At that stage no step was taken. Lastly, on 16 -4 -1990 plaintiff filed an application for amendment of the plaint which having been rejected on 25 -4 -1990 by the impugned order, this Civil Revision has been filed.

(2.) THERE is no dispute that plaintiff has no title to the land It is stated that finding the land vacant, plaintiff established a nursery and is continuing in possession of the same as of right openly as a result of which title of defendants if any was relinquished and he is to continue in posse - ssion as real owner in possession, on account of adverse possession. According to plaintiff, encroachment or unauthorised occupation if any for a long time has the effect of relinquishment of title of the State Government or Steel Authority of India. When a suit by any of them would have been barred by limitation, defendants should be restrained from interfering with his possession. - -

(3.) IN the result, there is no merit in this Civil Revision which is accordingly, dismissed with aforesaid observations. No costs. Send back the L.C. R. at once.