BHAGABAT SAMAL Vs. RASHMIKANTA SAHOO

JUDGEMENT

(1.) This petition challenges the order dated 12.4.2018 passed by learned Civil Judge (Sr. Divn.), Jajpur in T.S. No.246/1993 (Final Decree), whereby and whereunder learned trial court has allowed the application filed by the plaintiff under Order 6 Rule 17 CPC for amendment of the plaint subject to payment of cost of Rs.300/-.

(2.) Brief facts of the case are that the plaintiff-opposite party instituted T.S. No.246 of 1993 in the court of learned Civil Judge (Sr. Divn.), Jajpur for partition against the defendant- petitioner. The petitioner as plaintiff instituted T.S. No.154 of 1995 in the same court for declaration of title and permanent injunction. He had also filed T.S. No.155 of 1995 in the same court for permanent injunction. The three suits were heard analogously and disposed of by a common judgment. T.S. No.246 of 1993 was decreed preliminary. T.S. Nos.154 and 155 of 1995 had been decreed in part. Felt aggrieved, the petitioner filed R.F.A. Nos.34, 35 and 36 of 2006 before learned Additional District Judge, Jajpur. The appeals were dismissed. Thereafter, he filed R.S.A. Nos.474, 475 and 476 of 2009 before this Court. By judgment dated 04.12.2017, the appeals were dismissed. Thereafter, the opposite party initiated final decree proceeding. While the matter stood thus, he filed an application under Order 6 Rule 17 CPC to amend the plaint. In the proposed amendment, the plaintiff sought to incorporate the fact that lot no.1 and lot no.2 of the scheduled property corresponds to hal plot nos.180 and 181 respectively under hal khata no.248. Learned trial court has rejected the application on 13.5.2010 on the ground that it has no jurisdiction to entertain the application when second appeals are subjudice. The opposite party filed W.P.(C) No.14437 of 2010 before this Court. By order dated 17.11.2015, this Court held that the application for amendment shall be considered after disposal of second appeals. Thereafter, the plaintiff filed an application under Order 6 Rule 17 CPC seeking the same reliefs. The defendant filed objection. Learned trial court has allowed the said application.

(3.) Heard Mr. Bibekananda Bhuyan along with Mrs. Sujata Sahoo, learned Advocates for the petitioner and Mr. Aditya Kumar Mohapatra along with Mr. Manoranjan Muduli, learned Advocates for the opposite party.