JUDGMENT

Biswanath Rath, J. - This is a Civil Miscellaneous Petition involving a challenge to the impugned order dated 8.2.2018 passed by the 4th Additional Civil Judge (Sr.Divn.), Cuttack in C.S. No.271 of 2017(I) on rejection of an application under Order 26 Rule 9 of C.P.C. by the trial court at the instance of the plaintiff, a partnership firm.

2. Plaintiff-Petitioner filed a suit bearing C.S. No.271 of 2017(I) for declaration of the plaintiff as irrevocable licensee to occupy the suit schedule property and also for permanent injunction against the opposite party (defendants in the trial court). Plaintiff put forth a case that in 1993 the plaintiff was in search of space/godown for its business purpose. Late Shyamal Prasad Goenka on coming to know about the requirement of the plaintiff offered the suit land. Accordingly, a deed of agreement was executed between both the parties and thereafter the plaintiff taking possession of the suit land on rent at Rs. 5000/- per month. It was averred therein that the suit property consisted of some dilapidated tin shed and some vacant space. Under the agreement, looking to its business requirement, the plaintiff was also allowed to develop t