SABITRI SATAPATHY & OTHERS Vs. NOTIFIED AREA COUNCIL

JUDGEMENT

(1.) This petition challenges the order dated 21.1.2015 passed by the learned Civil Judge (Junior Division), Gunupur in C.S. No. 2 of 2010. By the said order, learned trial court rejected the application of the plaintiffs for amendment of the plaint and to implead the Collector, Rayagada and the Project Administrator, I.T.D.A., Gunupur as defendants.

(2.) The petitioners as plaintiffs instituted the suit to set aside the registered gift deed No. 1054/1987 executed by the donors and to restore the possession of the suit land in their favour. The sum and substance of the case of the plaintiffs is that the defendant has violated the conditions mentioned in the gift deed. While the matter stood thus, the plaintiffs filed an application for amendment of the plant. In the proposed amendment, the plaintiffs sought to incorporate the plea that the defendant has transferred the suit land in favour of the State of Orissa for making construction of Sill Development Centre on the request of the Collector, Rayagada and the Project Administrator, I.T.D.A, Gunupur during pendency of the suit. The defendant filed an objection stating that the donors have gifted the suit property for public purpose. The plaintiffs are not in possession of the suit land. Further, no notice under Section 80 CPC has been issued to the State of Orissa before filing the application for impleadment. Learned trial court came to hold that the plaintiffs had not filed any document that the defendant has delivered the suit land to the Collector, Rayagada and the Project Administrator, I.T.D.A., Gunupur. No notice under Section 80 CPC has been issued to the State. It was further held that the lis pendens purchaser is bound by the decision of the court. Held so, the learned trial court rejected the application.

(3.) Really two points arise for consideration of this Court;