MAHESWAR DAS Vs. SRIDHARA ROUT AND OTHERS

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, challenge is made to the order dated 3.8.2018 passed by the learned Civil Judge (Jr.Division), Balasore in Civil Suit No.527 of 1995, whereby and whereunder, learned trial court has partly allowed the application for amendment of the plaint.

(2.) The plaintiff-petitioner instituted the suit for declaration of title and permanent injunction. The defendants entered contest and filed written statement denying the assertions made in the plaint. The suit was decreed. Felt aggrieved, the defendants filed R.F.A.No.77 of 2012 before the learned District Judge, Balasore. By judgment dated 18.12.2015, learned appellate court set aside the judgment and decree, allowed the appeal and remanded the matter back to the trial court for de novo hearing. Liberty was granted to the parties to file further pleadings and adduce evidence. After remand, the plaintiff filed an application under Order 6 Rule 17 CPC for amendment of the plaint. In the proposed amendment, the plaintiff sought to incorporate the fact that schedule "Kha" property originally belonged to Bhagaban Chandra Das, Zamindar. The sabik settlement R.O.R. was published in his name. On 22.3.1945, Bhagaban Chandra Das executed an amalnama in favour of his father Duma Das. His father was in cultivating possession of the same. Thereafter the plaintiff is in possession of the same. The defendants filed objection to the same. Learned trial court allowed the application partly and the rejected the rest part of the proposed amendment relating to addition of new plot and the facts relating to amalnama patta.

(3.) Heard Mr.Amit Bose, learned counsel for the petitioner and Mr.Dinesh Kumar Mohanty, learned counsel for the opposite parties.