AURAJYOTI TRUST Vs. KRUSHNA CHANDRA SAMANTARAY

JUDGEMENT

(1.) Challenge has been made in this writ petition to the order dated 21.12.2002 passed by the learned District Judge, Puri in Civil Revision No. 37 of 2002 setting aside the order dated 8:4.2002 passed by the learned Civil Judge (Junior Division), Puri in T.S. No. 146 of 1995 allowing Plaintiff -petitioner's application for amendment of the plaint.

(2.) The brief facts of the case areas follows:

(3.) After receiving notice, the Defendant appeared and filed his written statement stating therein that one Tara Prasad Chakravorty was the lessee of the suit land under the erstwhile landlord Sankaracharya Math, Puri. After the death of Tara Prasad Chakravorty his son Balaram Chakravorty was recognized as permanent tenant by the ex -landlord. After vesting of intermediary right in 1974, Balaram continued to possess the said land and for legal necessities he sold the same to the Defendant and one Hadibandhu Patnaik vide registered sale deed dated 19.9.1985 for a consideration of Rs. 20,000/ -. Later, the purchasers found mistake in the sale deed and requested the vendor for making correction. The vendor admitted the mistake and executed the correction deed. During the Hal Settlement Operation, the Defendant produced the sale deed and the correction deed before the settlement authorities, who made due enquiry and verifying the field position prepared the ROR in favour of the Defendant. In Misc. Case No. 140 of 1995 the Defendant in support of claim filed all the documents including the correction deed with written statement. In the suit, the Plaintiff filed Misc. Case No. 140 of 1995 under Order 39, Rule 1 of the Code of Civil Procedure before the learned Civil Judge (Junior Division), Puri who after hearing the parties, by order dated 21.3.1997 allowed the said Misc. Case.