JUDGMENT

Dr. A.K.RATH, J. - By this petition under Article 227 of the Constitution of India, challenge is made to the order dated 27.6.2008 passed by the learned Civil Judge (Junior Division), Baripada in T.S. No.196 of 2001, vide Annexure-7, whereby and whereunder the application for amendment of the plaint was rejected.

2. The petitioners as plaintiffs filed the suit for declaration of right, title and interest; for eviction of the defendants from the suit land through process of Court and for delivery of possession of the land in the Court of the learned Civil Judge (Junior Division), Baripada, which is registered as T.S. No.196 of 2001. The foundation of the claim of the plaintiffs is that the suit land was an ancestral joint family properties and the same was divided under registered partition deed bearing no.211 between the co-owners. The rightful owner had transferred the land in favour of the plaintiffs and one Rabindra Mohanty under a registered gift deed. The gift has been acted upon and the plaintiffs are in possession of the property as absolute owners thereof. They have constructed a residential house over a portion of the suit land. Further plank of claim of the plaint