GANGA SAGAR MISHRA Vs. K.C.S. PILLAI

JUDGEMENT

(1.) THE petitioner in this CR dated March 28, 2012 under art.227 of the Constitution of India is questioning an order of the Joint Civil Judge (Senior Division), Port Blair dated March 13, 2012 in TS No.123 of 2011 (formerly TS No.9 of 2004).

(2.) THE first opposite party in the CR filed the suit against one Shobhana Mishra. The suit was for declaration of title, eviction, recovery of possession and permanent injunction. It was alleged that the defendant was wrongfully possessing the suit property. The defendant filed her written statement dated July 5, 2005 asserting, inter alia, that she was lawfully possessing the suit property.

(3.) BY the impugned order the Joint Civil Judge(Senior Division) rejected both the applications holding that the proposed amendments would change the nature and character of the defence case stated by the petitioner in his own written statement.