DHIRENDRA KUMAR Vs. RASHMANI DEI

JUDGEMENT

(1.) The defendants in O.S. No. 583 of 1979-I of the court of the Munsif, Puri, have filed this application under section 115, Civil Procedure Code challenging the order dated 5-12-1981 of the court rejecting their application for amendment of written statement. The opposite party filed the above mentioned suit against the petitioners for declaration of title over lot Nos. 1 and 2 of the suit properties, confirmation or in the alternative for recovery of possession and for permanent injunction. The property under lot No. 1 was described in the following manner:- District Puri, P.S. Pipli, Mouza-Jagannathpur Sthitiban Khata No. 491, Plot No. 2231, Ac. O. 30 dec. (thirty decimals) out of eastern Ac. O. 15 (fifteen decimals) with stone well up to ground level of East-West Length 20' (twenty feet) and North-South 18' (eighteen feet) in the sketch below indicating the land of the defendant No. 1 in plot No. 2230 to its east and lend of the same defendant No. 1 in plot No. 2231 to its west. It is not necessary to describe the properties under lot No. 2 since the proposed amendment is not concerned with the said properties.

(2.) Before commencement of trial of the suit the petitioners filed an application under O.6, R.17 Civil Procedure Code for permission to amend their written statement to the following effect. :-

(3.) The trial court, on consideration, rejected the petition for amendment. The order of the court below, is challenged as being vitiated due to illegal exercise of jurisdiction and/or exercise of jurisdiction with material irregularity.