SADANANDA MUTIKA Vs. LADI TRINATH RAO AND ORS.

JUDGEMENT

(1.) THIS matter arises out of an order dated 4.02.2009 passed by the Civil Judge (Senior Division), Gunupur in Civil Suit No. 54/2004 thereby rejecting an application for amendment of the written statement filed by the defendant -petitioner under Order -6, rule -17 of C.P.C.

(2.) SHORT fact involved in this case is that the opposite parties as plaintiffs filed the suit seeking a relief for permanent injunction against the defendant -petitioner restraining them from interfering in the peaceful possession of the plaintiffs over the suit land and for such other reliefs as the Court deems fit and proper in the interest of justice.

(3.) MR . A.K. Nanda, learned counsel for the petitioner contended that the trial had not commenced by the time of filing of the amendment application. The rejection vide the impugned order was against the settled principle of law, the Trial Court failed in appreciating the provision contained in Order 6 rule 17 of the C.P.C. Further the trial Court also failed in appreciating the settled position of law permitting raising of inconsistent pleas and taking away the admission in the interest of justice as well.