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1984 Supreme(Ori) 122

K.P.MOHAPATRA
GOPAL CHANDRA – Appellant
Versus
L. I. C. OF INDIA – Respondent


Advocates Appeared:
S.K.DEY, S.LATIFF, S.P.Misra

K. P. MOHAPATRA, J.


( 1 ) THIS revision is from the order passed by the learned Munsif, First Court, Cuttack, rejecting the plaintiff's petition under O. 6, R. 17 C. P. C. for amendment of the plaint.

( 2 ) THE plaintiff instituted Title Suit No. 95 of 1977 against the defendant, the Life Insurance Corporation of India for permanent injunction to restrain it from making further constructions of projections and cornices, for mandatory injunction to remove those which have already been constructed and for screning or closure of windows and openings. The plaintiff has his double storied old residential building described in schedule 'a' of the plaint. The defendant has been constructing a multistoried building on schedule 'b' land of the plaint on the adjoining west of schedule 'a' property within the municipal area of Cuttack. According to the plaint averment, the defendant has violated different provisions of the Orissa Municipal Act and did not leave a space of more than 3 feet width on the eastern side of the wall of the building under construction at the base. Further, while constructing the upper storeys of the said building, the defendant made projections and constructed lavat










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