SOVA DEI Vs. KRUSHNA CHANDRA PRATAP SINGH

JUDGEMENT

(1.) THIS writ application has been filed challenging the order dated 07.09.2011 passed in T.S. No.71 of 1982 by the learned Civil Judge (Junior Division) First Court, Cuttack refusing a prayer for amendment made by the plaintiffs.

(2.) THE case has a long history and is pending since 1982. The suit was filed by the petitioners for declaration of right, title, interest and confirmation of possession and in the alternative, for recovery of possession along with an ancillary prayer for permanent injunction in respect of the disputed property measuring Ac.0.091 decimals, out of which, it was alleged that Ac.0.050 decimals of land was leased out in favour of the defendant No.1 by the defendant No.2 - State under the provisions of the O.G.L.S. Act.

(3.) THIS Court in the Second Appeal, after setting aside the judgment and decree of both the Courts below, remanded the matter to the trial Court for de novo hearing. Thereafter, the State filed its written statement along with an application to accept the same and to set aside the order setting the State ex parte. The written statement has been accepted. At this juncture, the plaintiffs -petitioners filed an application for amendment of the plaint, which upon being rejected, the present writ application has been filed.