JUDGMENT :

A.K. Rath, J.

By this application under Article 227 of the Constitution, the petitioner seeks to quash the order dated 22.12.2007 passed by the learned 2nd Additional Civil Judge (Sr. Divn.), Cuttack in C.S. No.301 of 2003. By the said order, learned trial court rejected the application for amendment of plaint under Order 6 Rule 17, C.P.C.

2. The petitioner as the plaintiff laid a suit for declaration of right, title and interest, confirmation of possession and perpetual injunction restraining the defendants not to disturb the possession of the plaintiff in the court of the learned 2nd Additional Civil Judge (Sr. Divn.), Cuttack, which is registered as C.S. No.301 of 2003. The case of the plaintiff is that the suit schedule-A property was the anabadi land of ex-landlord Late Motilal Pandit. The mother of the plaintiff Late Jharana Khuntia with oral permission of the ex-intermediary was in cultivating possession of ‘A’ schedule land through her husband Late Fakir Khuntia. On being approached by said Jharana, ex-landlord executed an unregistered permanent lease deed for agricultural and horticultural purposes by accepting salami. She was also recognized as a tenant under the