LAXMINARAYAN MISHRA Vs. JAGDEEP PRATAP DEO

JUDGEMENT

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

(2.) Order dtd. 7/9/2023 (Annexure-5) passed by learned Civil Judge (Senior Division), Sundargarh in CMA No.34 of 2023 is under challenge in this CMP, whereby an application filed under Order VI Rule 17 CPC to amend the CMA, has been rejected.

(3.) Mr. Samal, learned counsel for the petitioner submits that the suit was decreed against the Petitioner, who was one of the Defendants. In an execution proceeding, the property in question was delivered to the decree holder-Plaintiff by evicting the Defendants including the Petitioner. When the house of the Petitioner was demolished and possession was delivered, on the very next day, he filed CMA No.34 of 2023 under Sec. 144 CPC for restitution of possession on the ground that Plot No.03/4035 under Hal Khata No.507 of Mouza Sundargarh town is not the suit plot. Thus, it could not have been delivered to the Plaintiff in the execution proceeding. As the petition under Sec. 144 CPC was filed in a hurry, certain relevant facts could not be incorporated in the said petition. Accordingly, an application under Order VI Rule 17 CPC was filed for amendment of the CMA.