LAWS(ORI)-2008-8-139

SMT. SHANTILATA GIRI Vs. LAXMIKANTA BARIK AND ORS.

Decided On August 27, 2008
Smt. Shantilata Giri Appellant
V/S
Laxmikanta Barik And Ors. Respondents

JUDGEMENT

(1.) Plaintiff is the Petitioner who has filed this writ petition challenging the order dated 29.8.2002 passed by the learned Civil Judge (Senior Division), Udala in Title Suit No. 2 of 2000 rejecting the application for amendment of the plaint.

(2.) From the impugned order, it appears that the Plaintiff earlier filed an application for amendment of the plaint which was rejected on 5.8.2002 as not moved. So, she filed a petition to recall the order dated 5.8.2002 which was also rejected by order dated 14.8.2002. Thereafter, on 19.8.2002 she filed the application for amendment of the plaint. As the learned Civil Judge was of the view that the proposed amendment would change the nature and character of the suit, he rejected the amendment petition of the Plaintiff on 29.8.2002.

(3.) The facts of the case are as follows: