GANGADHAR MUDULI Vs. MAGUNI MOHANTY

JUDGEMENT

(1.) HEARD .

(2.) THIS writ application has been filed challenging the order of the learned Civil Judge (Junior Division), Puri dated 02.03.2010 passed in Civil Suit No.171 of 2008 partially rejecting the application for amendment filed on behalf of the plaintiff.

(3.) THE petitioner as plaintiff impleaded the opposite party no.2 as defendant no.2 mentioning in the plaint that the defendant no.1 is the son of Khetra Muduli. The defendant No.2 filed his written statement taking a specific stand that he is the son of Jujhari Muduli, who is the father of the plaintiff and therefore, he has got a right over the property. The suit is one for declaration of right, title and interest. After filing of the evidence on affidavit on behalf of the plaintiff, on 19.10.2009, the plaintiff filed a petition seeking amendment of the plaint on 06.01.2010. The proposed amendment was to introduce the pleadings that the defendant No.2 is the natural brother of the plaintiff, but has been given in adoption to Khetra Muduli. The learned court below, in the impugned order observing that the plaintiff wants to introduce a new fact which shall change the nature and character of the suit, rejected the prayer for amendment of the plaint to the above extent. However, with regard to the typographical error, which was sought to be amended, the said prayer of the plaintiff was allowed.