JAYANTA KUMAR DAS AND ORS. Vs. PANDAB CHARAN MOHANTY AND ORS.
HIGH COURT OF ORISSA
Jayanta Kumar Das And Ors.
Pandab Charan Mohanty And Ors.
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S.Acharya, J. -
(1.) THE Defendants in Title Suit No. 112/76, pending in the Court of the Munsif, First Court, Cuttack, have preferred this Civil Revision.
(2.) ON 27 -7 -1976 the Plaintiffs filed the suit for permanent injunction restraining the Defendants from changing the name of the club from "Jai Hind Club, Jharkata" to "Jai Hind Club, Patana." The written statement in the suit was filed by the Defendants -Petitioners herein, on 20 -10 -1976. Issues in respect of the cause of action and the pleadings in the suit as at that time were framed on 2 -2 -1977 and the suit was posted for hearing to 24 -2 -1977. In the meantime the Plaintiffs preferred an appeal against the order of the trial Court rejecting the Plaintiffs' prayer for a temporary injunction. After the dismissal of the said appeal, the Plaintiffs filed a petition on 29 -8 -1977 to allow them to incorporate by the amendment of the plaint a prayer for preliminary decree against the Defendants for rendition of accounts of the club. That petition was allowed on 24 -9 -1977. After the said prayer was allowed, the Defendants filed their 2nd written statement to the amended plaint on 30 -9 -1977. The suit thereafter was posted to 29 -11 -1977 for hearing. Again on 9 -1 -1978 the Plaintiffs filed their second petition for amendment of the plaint, under Order 6, Rule 17, Code of Civil Procedure, and by the impugned order that petition has been allowed. Hence this revision. On 9 -1 -1978, when the aforesaid petition for amendment was filed, one Prafulla Kumar Das also filed a petition under Order 1, Rule 10. Code of Civil Procedure to be impleaded as a party in the suit. In that petition it is stated that he represents the deity Bhagabat Gosain, and from the averments of the said petition it is quite evident that he wants to be impleaded as a party in this suit mostly to support the Plaintiffs' case in the above -mentioned second petition for amendment of the plaint. This petition of Prafulla Kumar Das has also been allowed separately in the impugned order, and the order to this effect is challenged in Civil Revision No. 52 of 1978. As there is some defect in that Civil Revision and Mr. Mohanty, the learned Counsel for the Petitioner in that Civil Revision, prays for some time to remove that defect, that Civil Revision could not be disposed of today.
(3.) THE amendment which is now sought for by the Plaintiffs and objected to by the Defendant -Petitioners is as follows:
1. That Shri Bhagabat Gosain represented by Prafulla Kumar Das be added as Defendant.
2. A prayer be added to the prayer portion of the plaint to the following effect:
For a decree for a' declaration of the right, title and interest of the Plaintiffs as marfatdars of the deity Bhagabat Gosain in respect of the land appertaining to plot No. 1193 appertaining to Khata No. 327 situate in mouza Jharkata and the house standing thereon where the Jai Hind Club, Jharkata is held.;
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