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1966 Supreme(Ori) 29

G.K.MISRA
KHALI – Appellant
Versus
SADHABA BEWA – Respondent


Advocates Appeared:
RAJENDRA MOHANTY

G. K. MISRA, J.

( 1 ) ON 24-2-66 arguments in the suit were heard and the case was posted for judgment to 3-3-66. On that day the learned Munsif passed a queer and unprecedental order, which may be extracted:

"after going through the pleadings and the evidence adduced. I find that the evidence led by the plaintiff does not speak in terms of the plaint allegations. Such variation is due to the fact that after the institution of the suit some more circumstances have been cropped up. . . . . Therefore in order to read the evidence in terms of pleadings. I feel that it would he just and necessary to give the plaintiff an opportunity to amend the plaint. In the interest of justice and in order to keep the evidence In par with the pleadings, the plaintiff is given an opportunity to amend his plaint. "

In accordance with the direction of the learned Munsif, plaintiff filed an application for amendment which was opposed. Ultimately the amendment was allowed on 25-3-1966. It is against this order the Civil Revision has been filed.

( 2 ) THE order of the learned Munsif is wholly illegal and without jurisdiction. A judge hardly acts as a lawyer. It was not a part of the duty of the learned Mu

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