AI Structured Summary
Not yet generated for this judgment
Judgment
M.S. Raman, J
CMP No.651 of 2024 & I.A. No.700 of 2024
This matter is taken up through Hybrid Mode.
Mr. Jagdish Biswal, learned counsel for the petitioner drawing attention to Paragraph-6 of the plaint in Civil Suit No.185 of 2009 pending before the Court of Senior Civil Judge, Baragarh submitted that the plaintiff had purchased Ac 0.04 dec. of land out of major settlement Plot No.7237 in Khata No.7 of Mouza-Baragarh. But due to inadvertence at the time of filing the said suit while appending Schedule-A and Schedule-B, the said purchased land has been ignored. An amendment application was filed before the said Court under Order VI, Rule 17 of the Code of Civil Procedure. However, by way of order dated 04.05.2024 the learned Senior Civil Judge, (WC), Baragarh rejected the said application on the premise that after trial being commenced the amendment to include said property is not permissible.
Mr. Jagdish Biswal, learned counsel submitted that the said property has already been made part of the plaint in paragraph 6, there would cause no prejudice if the amendment is allowed. Such amendment will not change the nature and the character of the suit. Therefore, it is urged that, the trial Court should have allowed the amendment and processed with the suit.
Notice be issued to opposite parties by Registered/Speed Post with A.D. fixing a short returnable date, requisites for which shall be filed within seven working days.
It is submitted by Mr. Jagdish Biswal, learned counsel that the suit is posted for adducing evidence on 19.06.2024. Unless further proceeding is stayed, serious prejudice would ensue to the petitioner-plaintiff. Considering said submission, further, proceeding in C.S. No.185 of 2009 pending before the Senior Civil Judge, Baragarh be stayed till 19th July, 2024.
List this matter in the week commencing 15.07.2024 before the assigned Bench.
It is made clear that for vacation/variation of interim order either of the parties are at liberty to move this Court with appropriate application.
..……………………………….