R. K. DASH, J.

( 1 ) DEFENDANT No. 1 in Title Suit No. 62 of 1990 on the file of the Civil Judge (Senior Division), Nayagarh, has preferred this revision under S. 115 of the Code of Civil Procedure (for short, 'cpc') challenging the order dated 18-8-1995 whereby the plaintiff's prayer for amendment of pleading under Order 6, Rule 17, CPC has been allowed. M/s. Shriram Saw Mills (hereinafter referred to as 'plaintiff') is a registered partnership firm of which Sila Rajeswar Rao is the Managing Partner. It has filed the aforesaid suit against the petitioner as well as Government of Orissa and its functionaries (hereinafter referred to as 'defendant's) for a decree for specific performance of contract and other ancillary reliefs.

( 2 ) PLAINTIFF's case, in brief, is this :defendant No. 1 is the owner of the suit land measuring Ac. 20. 53 dec. , more specifically described in the schedule of the plaint over which there has been a forest growth. In order to have rubber plantations on the suit land he made an application to the Divisional Forest Officer, Nayagarh, for according necessary permission to remove the timbers standing thereon. Since he is living in Baharain, a Gulf country, i