BISWANATH PANIGRAHI Vs. SRI SRI JAGANATH SWAMI

JUDGEMENT

(1.) HEARD .

(2.) IN this writ petition, petitioners challenge to the order passed by the Additional Civil Judge (Junior Division), R. Udayagiri, on 21.2.2002 in Title Suit No. 18 of 1998, by which learned Additional Civil Judge has rejected the prayer for amendment of the written statement.

(3.) LEARNED counsel for the petitioner, Mr. I. C. Das states that in the application for amendment except stating that due to inadvertence the aforesaid wrong averment was made in the written statement, defendants have not explained what was that inadvertence and how did it occur. It appears that the suit was filed in the year 1998 and the plea of purchase in the year 1969 may be to advance a plea of title by adverse possession. Therefore, the plea of acquisition of title by a sale transaction by unregistered document' of the year 1969 from another person is perceivably intended to substitute the plea of title and possession on the basis of a sale transaction of the year 1977 from Bhikari Paik. Looking to that conduct of the defendants and the consequence thereof trial Court has rejected the application for amendment. This Court finds no illegality or jurisdictional error in the approach of the trial Court in that respect so as to interfere with the impugned order by invoking writ jurisdiction under Article 227 of the Constitution of India.