D.DASH
BIRENDRA BESHRA – Appellant
Versus
BUDUJ@ BUDHUNI MAJHI – Respondent
JUDGMENT :
In this writ application, the plaintiff of C.S. No. 217 of 2003 as petitioner challenges the order dated 22.11.2006 passed by the learned Civil Judge (Senior Division), Baripada, rejecting the prayer for amendment of the plaint.
2. The amendment of the plaint in essence is sought to introduce the matter of reduction of the factum of adoption of plaintiff by husband of defendant nos. 1 and 2 and father of defendant nos. 3 and 4 on 1.03.1954. This amendment petition was filed on 14.11.2006 in the suit of the year 2003 and that too after examination of one witness from the side of the plaintiff.
3. The court below as it is seen has made strenuous exercise in going to examine at that stage the truthfulness of that factum of adoption sought to be further reinforced by seeking amendment as regards the said fact being reduced into writing. Ultimately, said document has been held to be doubtful one. For the purpose, the pleadings and the evidence so far tendered have been evaluated in great detail. The document if any has been held to be an in-genuine one, created for the purpose to provide support to the evidence of P.W.1 which otherwise and in the absence of said document may
Kailash Vrs. Nankhu and others; (2005) 4 SCC 480
Rajesh Kumar Agrawal and others Vrs. K.K. Modi and others; (2006) 4 SCC 385
Baldev Singh Vrs. Manhar Singh and others; (2006) 6 SCC 498
Ajendra Prasadji N. Pande and another Vrs. Keshab Prakashji N. and others; (2006) 12 SCC 1
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