B.K. Nayak, J. —In this writ petition the petitioner, who is the plaintiff in Civil Suit No.85 of 2004 of the Court of learned Civil Judge (Senior Division), Sundargarh, has assailed the order dated 24.1.2011 passed by the said Court allowing amendment of the written statement of the opposite party-defendant by way of incorporation of counter claim.

2. The suit was filed by the petitioner seeking relief of declaration that the suit property was his absolute property. The defendant-opposite party is none other than the father of the petitioner. The plaintiff’s claim was that though defendant purchased the suit land by his own salary income, a house was constructed thereon by the joint efforts and finance of both the parties. The loan incurred by the defendant for the purpose of construction of the house could not be repaid by him, but it was ultimately repaid by the plaintiff for which the property was mortgaged with him by the defendant. Since for the development of the property and construction of the house, the plaintiff has borne the entire expenses it has become his absolute property. As it appears, the suit has been decreed on compromise in favour of the plaintiff-petit