ANTARYAMI MOHAPATRA Vs. STATE AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for the parties. This writ petition has been filed challenging the order dated 31.07.2012, passed by the Civil Judge (Jr. Division), Chandbali, in Election Misc. Case No. 46 of 2012, allowing the amendment sought for by the opposite party no. 1.

(2.) ON a perusal of the impugned order it is seen that opposite party no. 1, who is the election petitioner had filed election petition against the petitioner describing him as 'S/o. Ganesh Mahunta'. The present petitioner appeared in the election petition and filed his objection wherein he stated that he is the son of 'Kailash' and not the son of 'Ganesh Mahunta', as has been mentioned in the election petition. In coming to know of the said fact, the petitioner -opposite party no. 1 filed an application under Order 6 Rule 17 C.P.C. for amendment of the cause title with regard to the name of the father of opposite party no. 1.

(3.) LEARNED Civil Judge considering the provision of Section 35 of the Orissa Grama Panchayat Act has come to hold that the Court has the power to allow amendment of pleadings. Section 35 of the Orissa Gram Panchayat Act reads as under: