BAJRANGLAL LADHA Vs. MANIKLAL BHATTAR

JUDGEMENT

(1.) Heard Mr. Mohapatra, Learned Counsel for the petitioner.

(2.) This writ petition has been filed by defendant No. 1/appellant challenging the order dated 15.2.2006 passed by the Learned Additional District Judge, Mayurbhanj, Baripada in R.F.A. No. 1/24 of 2005-06 whereby the Learned Appellate Court has allowed the prayer for amendment of the memorandum of appeal and simultaneously rejected the prayer for amendment of the written statement, in considering an application filed by the defendant No. 1/petitioner under Order 41, Rule 5 read with Order 6, Rule 17 of the C.P. Code.

(3.) As it appears from the impugned order, an application was filed by defendant No. 1/appellant during the pendency of the appeal, for amendment of both the memorandum of appeal as well as the written statement. Considering the submissions made by the learned Counsel for the respective parties and after going through the contents of the petition, Learned Appellate Court allowed the prayer for amendment of the memorandum of appeal since the petition for amendment was filed during pendency of the appeal; there was some omissions in the grounds of appeal which were on record in the lower Court judgment; if the amendment is allowed it will not cause any prejudice to the other side; it will not change the nature and character of the appeal as well as there was no objection from the other side. So far as prayer for amendment of the written statement is concerned the same was rejected since the plaintiff/respondent vehemently objected to such amendment; the suit has already been decided on merit by the Trial Court as well as it will not be just and proper to allow the amendment of the written statement at this state i.e. on the date the appeal is fixed for hearing.