PADMABATI CHOWDHURY Vs. HARISH CHANDRA KAR

JUDGEMENT

(1.) THE Petitioners in this writ application have seek to challenge the Order Dated 27.02.1999 passed by the District Judge, Balasore -Bhadrak, Balasore in Civil Revision No. 74 of 1997 whereby the Learned District Judge has set aside the Order Dated 27.10.1997 passed by the Learned Civil Judge (Jr. Divn.), Balasore allowing an application filed under Order 6, Rule -17 CPC.

(2.) THE brief facts of the case are that late Surendra Prasad Choudhury, as Plaintiff, had filed O.S. No. 680 of 1990 -1 in the Court of the Munsif, Balasore for correction of record of rights. Subsequently, in view of the observations made by the District Judge in his Judgment dated 9.8.1996 passed in Misc. Appeal No. 37 of 1993, the Plaintiff filed an application in the said suit under Order 6, Rule -17 CPC for amendment of the plaint to implead his wife Padmabati as a co -Plaintiff. On consideration of the objections raised by the defendants to the said application under Order 6, Rule 17, the Learned Civil Judge (Jr. Divn.), Balasore allowed the said application by his Order Dated 27.10.1997. Being aggrieved by the said order, the defendants carried a revision to the District Judge, Balasore in Civil Revision No. 74 of 1997 which came to be disposed of by the Order Dated 27.2.1999, inter alia, allowing the said revision and quashing the Order Dated 27.10.1997 passed by the Civil Judge.

(3.) THE suit lands in Schedules - A, B and C are clearly described in the sketch map as per Schedule -D to the plaint. In so far as Lot No. 1 to Schedule -A is concerned, the said land pertains to Khata No. 85, Plot No. 985 Ac. 0.011 decimals and Lot No. 2 contains an area of Ac 0.15 decimals in Plot No. 991 under Khata No. 756. The amendment sought for by the Plaintiff was resisted by the defendants on the ground that the amendment shall change the nature and character of the suit. Mr. Mahakud, Learned Counsel for the Opp. Party No. 6 -defendant submits that by way of amendment, the Plaintiff sought for introducing his wife -Padmabati Choudhury as Plaintiff No. 2 which amounts to filing of the suit by two persons and not one person.