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1985 Supreme(Ori) 9

K.P.MOHAPATRA
KASHI – Appellant
Versus
PARAMANANDA – Respondent


Advocates Appeared:
K.C.MOHANTY, S.K.DEY

K. P. MOHAPATRA, J.

( 1 ) THESE Civil Revisions are directed against the common order passed by the learned Munsif, Second Court, Cuttack refusing amendment of the written statements under O. 6, R. 17 of the C. P. C. (for short the 'code' ). Defendant 1 is the petitioner.

( 2 ) THE facts relevant for the purpose of consideration of the points which arise in the Civil Revisions may be briefly stated. Title Suit No. 212 of 77 and Title Suit No. 213 of 77 between the same parties, though in respect of different lands, were heard analogously. According to the case of the plaintiffs, their predecessors-in-interest acquired the suit lands in the years 1945 and 1946 by way of permanent lease and since then they have been in possession thereof on payment of rent. Defendant 1 with the help of other defendants made preparation to reap the standing paddy crops and so the suits were instituted to restrain defendant 1 permanently from interfering with the plaintiffs' possession thereof. Defendant 1 in the written statements has set up the case that one Ratha Behera acquired the suit lands on the basis of a deed of permanent lease executed on 14-1-1940 by the Zamindar, Chaudhury Bishnu Krushna










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