JUDGMENT :

Biswanath Rath, J.

1. This matter arises out of an order dated 4.02.2009 passed by the Civil Judge (Senior Division), Gunupur in Civil Suit No. 54/2004 thereby rejecting an application for amendment of the written statement filed by the defendant-petitioner under Order-6, rule-17 of C.P.C.

2. Short fact involved in this case is that the opposite parties as plaintiffs filed the suit seeking a relief for permanent injunction against the defendant-petitioner restraining them from interfering in the peaceful possession of the plaintiffs over the suit land and for such other reliefs as the Court deems fit and proper in the interest of justice.

3. Following service of notice the present petitioner filed a written statement on behalf of defendant Nos. 1 & 3. During pendency of the suit the petitioner-defendants filed an application under Order 6, rule 17 C.P.C. seeking amendment of the following paragraphs:

"After Para No. 11 the following the Para is to be added.

That the defendant No. 1 is in peaceful continuous possession over the entire lands which are within the boundaries mentioned in the plaint by the plaintiff since his fore-fathers till today with the knowledge of one and al