Disposed

Kalandi Charan Dash v. Akhya Kumar Parida

Orissa HC3 Dec 2015WP(C)/8719/2004

Case brief

AI extract

What is this about?

High Court declined to interfere with the trial court's order allowing amendment of the plaint to include subsequent development regarding construction on suit land under Article 227, directing cost payment and suit conclusion by March 2016.

What did the court decide?

Directing plaintiffs to pay Rs.1500/- cost to defendants and directing trial court to conclude hearing by end of March 2016.

Kalandi Charan Dash Vs Akhya Kumar Parida — Specific Performance | Orissa HC (2015)

¶1

WP(C) No.8719 of 2004 3.12.2015

¶2

 Assailing the order dated 13.7.2004 passed by the learned Civil Judge (Junior
Division), Kendrapara in T.S. No.112 of 2002, the instant petition is filed under Article 227
of the Constitution of India. By the said order, learned trial court allowed the application f
iled by the plaintiffs under Order 6 Rule 11 CPC to amend the plaint.

¶3

 Asserting that during pendency of the suit the defendants have constructed a p
ucca building over the suit schedule land, the plaintiffs filed an application for amendment o
f the plaint to incorporate the plea that the defendants, who have no semblance of right, titl
e and interest over the suit land, have constructed a pucca building upto lintel level with a
prayer for recovery of possession.

¶4

 It is trite that subsequent development of the case can be incorporated by way of am
endment provided the amendment is formal in nature and the same will no way change the nature
and character of the suit. The proposed amendment will not change the nature and character of
the suit. The same is formal in nature. Thus no ground is made out to interfere with the impug
ned order passed by the learned trial court. But then the learned trial court has not awarded
the cost while allowing the application for amendment of the plaint. This Court directs the pl
aintiffs to pay the cost of Rs.1500/- to the defendants within a period of four weeks from tod
ay. Learned trial court is directed to conclude the hearing of the suit by end of March, 2016.

¶5

 The petition is disposed of.

¶6

 ..
 Dr.A.K.Rath,J

¶7

Kalandi Charan Dash v. Akhya Kumar Parida

Case brief

What is this about?

What did the court decide?

Kalandi Charan Dash v. Akhya Kumar Parida

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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