In The Court of Civil Judge (Sr.

Div), Bhubaneswar
C.S No- 2748/2022

Sudhanshu Sekhar Palo ……Plaintiff

V/s
Mahimananda Mishra ……Defendant

Petition U/o 6 Rule 17 of c.p.c for amendment of plaint.

The humble petition of the

above named plaintiff
Most respectfully sheweth,

1.That, inadvertently the plaintiff not added the proper party in the suit
i.e “The Regional Manager (HPC) Hindustan Petroleum Corporation
Ltd” who is illegally supplying the petrol and diesel to the recently
constructed unauthorized and illegal constructions of the oil tanker
on the suit land during pendency of the suit.

2. That, similarly some factual pleadings are not incorporated in plaint,

which required to plead the same by way of amendment for just
adjudication of suit between parties.

3. That, the proposed amendment is simple in nature & does not

change the nature & character of suit. The said amendments are very
essential for deciding the suit.

4. That, the present suit is admitted & no notice till yet issued to
defendant, hence the amendment of plaint shall no way prejudice to
the defendant.

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 Proposed amendment

Amendment no.1- The defendant shown as defendant No.1 and just

after the said defendant in cause title of plaint the
following be added
“2. The Regional Manager (HPC) Hindustan
Petroleum Corporation Ltd regional office, 5 th
floor of Alok Bharati Building, At/PO/PS-
Saheed Nagar- 751007, Dist- Khordha”.

Amendment no.2- After end of para 3 of plaint the following be added

“The defendant no.2 has sued on his official &
representative capacity”.

Amendment no.3- In para 4 of plaint of 2 nd line after word defendant

“no.1” be added. In same para 4 at 3rd line after
word petrol pump business the following be added
“as a owner of Maa Bisweseari Filling station”.

Amendment no.4- In page 2 of plaint at 3 rd line after word with and

attempt of construction the remaining pleading of
said para be substituted as follows:
“constructions of permanent oil tankers and
road encroaching the suit land of Area about
2300 Sq.Ft land from the east side of suit
revenue plot no.2 belonging to Plaintiff. The
said illegal attempt of permanent construction
by defendant No.1 to encroach the plaintiff’s
land is illegal and unlawful attempt of the said
defendant and his agents. Immediately the
plaintiff opposed the said illegal attempt of
construction over the suit land by defendant
No.1 and filed the suit before the Hon’ble
Court seeking permanent and add-interim
temporary injunction against defendant and his

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 agent. The defendant No.1 and his agent even
during pendency of the suit claiming the
alleged construction not over on the plaintiff’s
suit land but over on their own land of Revenue
Plot No.3 unlawfully completed construction
during pendency of the suit even with strong
protection of plaintiff. At this time, there was
dialogues between Manager and agent of
Defendant No.1 “Maa Bisweseari Filling station
with plaintiff’s manager and agents for
demarcation of the respective land by giving
one Amin from each side with assurance from
defendant No.1 side that if an inch of land if
encroached by him, the construction shall
remove at once. Accordingly, demarcation held
on 27.12.2022 while the suit is pending in
presence of the staffs & managers of the
respective parties. In said demarcation held in
presence of Mr. Biswajit Mohanty, the
Manager of the Defendant No.1 and the Senior
Manager, Mr. Jibanananda Mohapatra from
the plaintiff. In said demarcation it is found
that the alleged constructions during pendency
of suit encroaching the plaintiff’s suit plot of
2223 Sq.ft from his east side land which
morefully described in Schedule-B of plaint
along with sketch map. The said “B” schedule
properties is part and parcel of plaint “A”
schedule land.

Amendment no.5- In para 8 of the plaint at 1 st line the “defendant” be

corrected as “defendants no.1”
and also in same para 8 at 7 th line after word
“preparing to construct” the remaining words be
substituted as following

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 “ permanent oil tankers, compound wall and access
to his backside land and extending the oil tanks
over the suit land”.

Amendment no.6- In page 3 & para 10 of plaint in 3rd line after word
claiming more than, the remaining pleadings be
substituted as follows:
“2223 sq.ft land from the east side the suit plot for
purpose of construction of road, compound wall
and oil tankers over the plaintiff’s suit land.

Amendment no.7- In para 11 of plaint at 3 rd line after word encroach

more than, the remaining pleading be substituted
as follows.

“53 feet wide of land from North side of suit plot

i.e. East to West and 3.6 feet from South side of
suit plot i.e. East to West land attempt to encroach
for construction of road, boundary wall and
permanent oil tankers to expand his business
despite of protection of the plaintiff to which the
defendant No.1 & his agents were not respond.

Amendment no.8- In para 12 at 3 rd line after the word of “construct a

road” the following words be added,

“oil tankers & compound wall” be substituted the

following be added “and oil tankers”

Amendment no.9- After Para 11 of Plaint a new para be added as

follows.

“12 A- That, even after the joint demarcation and

measurement of the respective lands of the
plaintiff and defendant No.1 and as per the
assurance the said defendant No.1 has not
removed his illegal constructions raised over the
suit land during pendency of the suit on the other
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 hand unlawfully expand his business using said
unlawful oil tankers in conveyance with defendant
No.2. The plaintiff through his advocate served the
notice to the defendants but the said defendants
with their ill and unlawful motive not responded to
the notice of plaintiff rather send reply that, they
did not encroach an inch of the suit land belonging
to the plaintiff and their business continuing as
before in respect of their own land of Revenue plot
No.3 wherein Maa Biswaswari Filing station is
continuing since year 1991.

Amendment no.10- After Para 14 of Prayer (e) a new para (f) be added
as follows:

(f) Let a damage of Rs. 60,000.00 (Rupees Sixty

Thousand only) be recovered from defendant No. 1
& 2 per month from 1st January,2023 till recover of
the unlawful encroachment of suit land for
business of the defendants.

Amendment no.11- After word of ‘B’ schedule property the word of

approximately 35 Feet xxxxxx till below be omitted
and the same is substituted as follows:

“an area 2223 sq.ft. from the east side of the

suit plot No.2 north side breadth 53 feet south
side breadth 3.6 feet breadth from east to
west, east side length 52 feet and 65 feet and
west side length 52 feet and 41 feet which
morefully shown in rough sketch map as red
colour”.

Amendment no.12- In page No.5 at Place document relied on the

following documents be added.

6) Pleaders notice of Plaintiff to defendants No.1 & 2.

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 7) Reply notice of Advocate Defendant No.1 dtd.
09.05.2023.

8) Reply Advocate Notice of Defendant No.2 dtd.

04.05.2023

Amendment no.13- The rough sketch map shown in plaint be deleted

and in same place the flowing scale wise map
attached herewith be substituted.

PRAYER

It is therefore pray that your honour will be graciously pleased to allow the
amendment petition. And for this act of your kindness the plaintiff as in duty
bound shall ever pray.

Date:12.07.2023 By the plaintiff

through his Advocate

Place: Bhubaneswar.

Affidavit

I, Sudhansu Sekhar Palo, aged about 72 years, S/o: Late Basudev Palo of Plot
No.1015, At/Po/PS: Nayapalli, Bhubaneswar do hereby solemnly affirm and
state as follows:-

1. That, I am the plaintiff in this suit.

2. That, the facts stated above as proposed amendment are true to the
best of my knowledge and record.

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Identified by me

Deponent

Advocate

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 In The Court of Civil Judge (Sr.Div), Bhubaneswar
C.S No- 2748/2022

Sudhanshu Sekhar Palo ……Plaintiff

V/s
Mahimananda Mishra ……Defendant

Petition for advance of the suit record

The humble petition of the

above named plaintiff
Most respectfully sheweth,

1. That, the plaintiff has filed an amendment petition for which it is

necessary to advance the suit record for urgent hearing as till yet
the defendant has not appeared in the suit.

PRAYER

It is therefore plaintiff prays to allow the petition and advance the suit record
today.

Date:12.07.2023 By the plaintiff

through his Advocate

Place: Bhubaneswar.