JUDGMENT :

D.P. Mohapatra, J. - Defendant No. 3 in Title Suit No. 1 of 1986 pending in the Court of the Subordinate Judge, Phulbani filed this application u/s 115 read with Section 151 of the CPC (for short 'the C.P.C.'), challenging the order dated 24-8-1988 of the trial Court rejecting his application under Order 1, Rule 10, Order 6, Rule 17, Order 8, Rule 6-A and Section 151 of the CPC to add the Collector; Phulbani and the Settlement Officer, Berhampur as Defendants in the suit and to amend the written statement converting it to a counter claim.

2. Opposite party No. 1 filed the aforementioned suit against opposite parties 2 and 3 with the prayers to declare his right title and possession over the suit land, to recover possession of the suit land from the Defendants after removing the cabins installed by them thereon.

The gist of the Plaintiff's case, as stated in the plaint, was that the Plaintiff and his family members had settled in Phulbani since more than 40 years j they reclaimed the suit land and other adjoining land belonging to the Government which was lying fallow and constructed houses thereon leaving the suit land for an orchard. In an amicable partition between the Pl