SUBHANKAR SARANGI Vs. RAGHUNATH TRIPATHY

JUDGEMENT

(1.) The plaintiff-petitioners have filed this petition assailing the order dated 29.10.2009 passed by the learned Civil Judge(Senior Division), Bargarh in Civil Suit No. 195 of 2007 under Annexure-5 rejecting the application filed for amendment of the plaint under Order 6, Rule 17, CPC.

(2.) The epitome of the facts of the case is that the petitioners, as plaintiffs, filed C.S.No. 195 of 2007 before the learned Civil Judge (Senior Division), Bargarh seeking for declaration of their right, title and interest in respect of the suit land. The plaintiffs' grandfather had purchased some land as mentioned in the schedule vide registered sale deed nos.6405, 6027 and 263 in between 1971 and 1978. On receipt of consideration money and after execution of sale deed, possession was delivered in the year 1971 and 1978 respectively. Late Bhojraj Sarangi, the grandfather of the plaintiffs had executed a will in favour of the plaintiffs, i.e., his grand sons, which was duly executed by the testators in presence of the attesting witnesses, his son, daughter-in-law and some gentlemen. After execution of the sale deed, Late Bhojraj Sarangi filed an application before the Tahasildar for mutation of the land, but the Tahasildar refused to accept the said application as the sale deed contained his Hamid settlement plot. Therefore, the suit has been filed by the plaintiffs for declaration of their right, title and interest and confirmation of possession in respect of the suit land.

(3.) On being noticed, defendant-opposite party no.1 appeared and filed his written statement admitting the case of the plaintiffs, whereas defendant-opposite party no.2 filed written statement denying the averments made in the plaint.