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2017 DIGILAW 116 (ORI)

Biswanath Chatterjee v. Rajashree Das Mohapatra

2017-01-25

D.DASH

body2017
JUDGMENT The petitioner being the plaintiff of Civil Suit No. 115 of 2011 on the file of learned Civil Judge (Sr. Divn.), Puri has filed this application under Article 227 of the Constitution for quashment of an order dated 19.4.2012 passed by the trial Court rejecting the petition filed by the plaintiff-petitioner for amendment of the plaint. 2. Heard learned counsel for the petitioner and learned counsel for the opp.parties. 3. The petitioner’s suit is for declaration that he is the monthly tenant under the opp.parties with further prayer for permanent injunction in not evicting him without following due process of law. The opp.parties being the defendants have advanced the counter-claim for eviction. The relationship between the petitioner and the opp.parties stands admitted. The suit having been ready for hearing, this petition has been filed for incorporating some telephonic conversations said to have taken between the parties in the pleadings and those are said to be with regard to making of some constructions over the suit land. In so far as the claim of the petitioner is concerned and the relief that the defendants have prayed in the counter claim, the facts which are sought to be introduced through proposed amendment, appear to be wholly irrelevant. It may also be stated that those being the matter of evidence are not necessarily to remain in pleading which does not call for being viewed adversely for that. In view of aforesaid, I do not find that by such order there has occasioned failure of justice or the same has led to gross miscarriage of justice warranting interference in exercise of power under Article 227 of the Constitution. 4. The writ petition is accordingly disposed of. Viewing the age of the suit, the trial Court is directed to take all necessary steps for early disposal of the suit in accordance with law preferably within a period of six months from 23.02.2017 on which date the parties are directed to appear before the trial Court to receive further instruction. Petition disposed of.