Allowed

Jujesti Dalei v. Guru Ch.Behera

Orissa HC8 Nov 2016CMP/852/2015

Case brief

AI extract

What is this about?

This revision petition quashed the lower court's order rejecting a demand for amendment to change plot details and sale deed execution numbers. The High Court held the amendment was formal in nature and did not alter the suit's character.

What did the court decide?

The impugned order dated 2.7.2015 is quashed; the amendment is allowed subject to payment of Rs.3000/- to the opposite party's counsel within four weeks.

This petition challenges the order dated 2.7.2015 passed by the learned Civil Judge (Jr. Divn.), Chandikhole in C.S. No.54/12. By the said order, learned trial court reject ed the application of the defendants to amend the written statement.

The opposite party as plaintiff instituted the suit for permanent injunction i mpleading the petitioners as defendants. Pursuant to issuance of summons, the defendants enter ed appearance and filed written statement. While the matter stood thus, the defendants filed a n application under Order 6 Rule 17 C.P.C. for amendment of the written statement. In the prop osed amendment, the defendants intend to change the plot no. and area in paragraph 7 and numbe r of execution of sale deed. Learned trial court rejected the same.

Per contra, Mr. S.S.K. Nayak, learned counsel for the opposite party submits t hat after examination of the plaintiffs, the proposed amendment had been filed. Learned trial court is quite justified in rejecting the same.

On a cursory perusal of the application for amendment, it is evident that the same is formal in nature. Changing the plot no. and area of sale deed will no way change the n ature and character of the suit. But one aspect cannot be brushed aside that some of the witne sses have been examined.

In view of the same, the order dated 2.7.2015 passed by the learned Civil Judg e (Jr. Divn.), Chandikhole in C.S. No.54/12 is quashed. The proposed amendment is allowed subj ect to payment of cost of Rs.3000/- (rupees three thousand) to Mr. S.S.K. Nayak, learned couns el for the opposite party within a period of four weeks from today, failing which, this order shall be automatically recalled. It is open to the parties to adduce further evidence. Since t he suit is of the year 2012, learned trial court shall do well to conclude the hearing of the suit by end of March, 2017.

Jujesti Dalei v. Guru Ch.Behera

Case brief

What is this about?

What did the court decide?

Jujesti Dalei v. Guru Ch.Behera

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

Case details

Similar cases

Benudhar Bhoi Vs State of Odisha

Dr.Ramakanta Sahoo Vs Bharati Sahoo

Malatilata Sial Vs State of Odisha

Prahallad Sethi Vs Radhakrushna Sethi

Sailamani Rout Vs Dayanidhi Rout

Abani Bhusan Pattnaik Vs Bithika Mohapatra