JUDGMENT

L. MOHAPATRA, J. : This writ application is directed against the order dated 12.4.2005 by the learned Civil Judge (Senior Division), Puri in T.S. No.30 of 1997 allowing an application filed by the plaintiff for amendment of the plaint under Order 6, Rule 17 C.P.C. The plaintiff opposite party No.1 had filed the suit for eviction of the defendant-petitioner from the suit schedule property and also claimed mense profits and damages. The schedule of the disputed property having not been described prop¬erly, an application for amendment of the same was filed. The proposed amendment was objected to by the defendant-petitioner on the ground that the properties having not been described properly in the suit, no decree could be passed and a right having accrued in favour of the defendant-petitioner, such amendment should not be allowed. The learned Civil Judge in the impugned order allowed the amendment.

2. Shri Mohapatra, the learned counsel appearing for the petitioner challenges the impugned order on the ground that the description of the property given in the plaint schedule is such that the disputed property cannot be identified and, therefore no decree can be passed. The dis