BICHITRA MOHANTY Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 20/1/2023 (Annexure-1) passed in CS No.323 of 2018 is under challenge in this CMP, whereby learned Civil Judge (Senior Division), Kujanga rejected an application filed by the Plaintiff-Petitioner under Order VI Rule 17 CPC for amendment of the plaint.

(3.) Mr. Jena, learned counsel for the Petitioner submits that the suit has been filed for injunction simplicitor. In view of the averments made in the written statement, it became expedient to amend the plaint to incorporate the prayer for declaration of right, title and interest over the suit property. Accordingly, an application for amendment was filed to incorporate foundational pleading as well as prayer for declaration of right, title and interest over the suit property through adverse possession. The said application was rejected only on the ground that trial of the suit has already been commenced.