HARIBANDHU NANDA Vs. SANTOSH KUMAR NANDA AND ANOTHER

JUDGEMENT

(1.) Challenge is made to the order dated 21.1.2004 passed by the learned Additional Civil Judge (Sr. Divn.), Dhenkanal in Title Suit No.117 of 1999, vide Annexure-2, whereby and whereunder the application filed by the defendant-opposite party no.1 under Order 6 Rule 17 C.P.C. was rejected.

(2.) Heard Mr. M.K. Mohanty, learned counsel for the petitioner. None appears for the opposite party no.1.

(3.) The opposite party no.1 as the plaintiff laid a suit for declaration of right, title and interest in respect of 'A' schedule land and recovery of possession in respect of 'B' schedule land, and for permanent injunction restraining the defendants to come over the suit land in the court of learned Civil Judge (Sr. Divn.), Dhenkanal, which is registered as T.S. No.117 of 1999. The petitioner, who was defendant no.1 in the suit, entered appearance and filed written statement. During pendency of the suit, the petitioner filed an application on 21.1.2004 under Order 6 Rule 17 C.P.C. for amendment of the written statement, vide Annexure-1. By the proposed amendment, defendant no.1 raised the plea that he has acquired title of the suit land by adverse possession. The same was rejected by the learned trial court on the ground that defendant no.1 was not sure of his own stand in the suit. Plea of adverse possession was required to be pleaded at the earliest opportunity and not later. Allowing the prayer at this stage which caused prejudice to the plaintiff.