Decided on November 10,1978

Fakir Majhi And Anr. Appellant
Bhagirathi Majhi And Anr. Respondents


P.K.Mohanti, J. - (1.) THIS civil Revision is directed against an order allowing amendment of plaint.
(2.) OPPOSITE party No. 1 brought Title Suit No. 27 of 1976 in the Court of the Subordinate Judge, Nayagarh for a declaration that the alienations made by Defendant No. 1 Fakir Majhi (Petitioner No. 1 here) in favour of Defendants 2 and 3 were void and for a permanent injunction restraining the said Defendant No. 1 from alienating the 'A' schedule lands. The Plaintiff's case as originally pleaded in the plaint was that Defendant No. 1 had been to Burma in the year 1942 where he acquired considerable wealth and with the help of that, he purchased 5. 49 acres of land in village Landabadu in the year 1948. The Plaintiff's further case was that he had been adopted by Defendant No. 1 who married for the second time in the year 1975 and under the influence of the second wife alienated the 'B' schedule and 'C' schedule lands without any legal necessity. The contesting Defendants filed written statement refuting the plaint allegations. Subsequently the Plaintiff sought for leave to amend paragraph 3 of the plaint by deleting the averment that "Fakir went to Burma in 1942 where he acquired considerable wealth and with this acquisition, he purchased A. 5.49 decimals of land in village Landabadu in 1948" and by substituting in its place the averment that "Fakir with the aid of his ancestral property had acquired some money. With the said money he along with Benu jointly purchased A. 5.49 decimals of land in village Landabadu."
(3.) THE Defendants filed objection to the petition for amendment on the ground that the admission of the Plaintiff regarding the nature of the acquisition was sought to be got over by the proposed amendment which changed the entire basis of the Plaintiff's case. The learned Subordinate Judge overruled the objections and allowed amendment of the plaint. Aggrieved by this order Defendants 1 and 2 have come up in revision.;

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