JUDGMENT :

Dr. A.K. Rath, J. - In this petition under Article 227 of the Constitution of India, challenge is made to the order dated 22.9.2008 passed by the learned Civil Judge (Jr.Division), Anandapur in C.S.No.43 of 2006. By the said order, the learned trial court rejected the application of the plaintiffs to amend the plaint under Order 6, Rule 17 C.P.C. to implead the State of Odisha as defendant on the ground inter alia that prior notice under Section 80(1) C.P.C. has not been issued to the State of Odisha.

2. The petitioners as plaintiffs instituted a suit for permanent injunction impleading the opposite parties as defendants in the court of the learned Civil Judge (Jr.Division), Anandapur, which is registered as C.S.No.43 of 2006. During pendency of the suit, the plaintiffs filed an application for amendment of the plaint. In the proposed amendment no.1, the plaintiffs sought to incorporate the fact of amalgamation of certain areas of the suit plot in another plot belonging to the Government. In the proposed amendment no.2, the plaintiffs sought to introduce the new prayer for declaration of right, title and interest in respect of the property, which stood recorded in the name