BINODINI SADUAL Vs. RANJIT KUMAR MOHANTY & OTHERS

JUDGEMENT

(1.) This Civil Miscellaneous Petition involves the order dated 26.7.2016 passed by the Civil Judge (Sr.Divn.), Baripada appearing at Annexure-3 and the order dated 11.4.2017 passed in Civil Revision No.5/2016 by the 1st Additional District Judge, Baripda, vide Annexure-4. This Court finds, the order dated 26.7.2016, vide Annexure-3 involves an application for amendment of the pleadings at the instance of the plaintiff thereby allowing the amendment of plaint with award of cost of Rs.1000/- whereas the order dated 11.4.2017 passed in Civil Revision No.5/2016 appearing at Anexure-4 dismissing the Civil Revision against the order involving Annexure-3 on the ground of maintainability.

(2.) Short background involved in the case is that O.P.1-plaintiff filed T.S. No.65/98 for a judgment and decree of eviction against defendant nos.1 to 3 from 'B' & 'C' Schedule land and demolition of the construction in the Schedule 'D' land subsequently registered as C.S. No.65/98. It appears, pending suit for final adjudication, there has been number of amendments and ultimately an amendment involved herein was brought by way of an application dated 20.4.2016 after long eighteen years of the institution of the suit by O.P.1 bringing the following proposed amendments :-

(3.) Learned trial court considering the rival contentions of the parties and following catena of decisions referred to at the time of hearing of the application for amendment allowed the amendment but however subject to grant of cost to mitigate the sufferings of the defendants.