JUGAL KISHOR BANKA Vs. GOPAL GOSALA, BARGARH

JUDGEMENT

(1.) This petition challenges the order dated 2.8.2017 passed by the learned Civil Judge (Senior Division), Bargarh in C.S. No.175 of 2006 whereby and whereunder learned trial court rejected the application of the defendant under Order 6 Rule 17 CPC for amendment of the written statement-cum-counter claim.

(2.) Plaintiff-Opposite party instituted C.S. No.175 of 2006 for declaration of title. Defendant-petitioner entered contest and filed a written statement-cum-counter claim denying the assertions made in the plaint. While the matter stood thus, the plaintiff filed an application to withdraw the suit on the ground that the matter has been settled between the parties. The defendant objected to the said petition. By order dated 2.8.2017, learned trial court disposed of the suit as withdrawn. Thereafter, defendant filed an application under Order 6 Rule 17 CPC to amend the written statement-cum-counter claim. In the proposed amendment, defendant sought to incorporate the fact that he is the owner in possession of the suit property. After death of his father, he is in possession of the suit property along with his mother.

(3.) Heard Mr. Amit Prasad Bose, learned counsel for the petitioner. None appeared for the opposite party in spite of valid service of notice.