Orissa Court August 1948 Judgments
Krishna Ballav Ghosh Vs. Sashimukhi Bose
Court: Orissa
Decided on: Aug-30-1948
Reported in: AIR1949Ori11
Ray, C.J.1. The decree-holder is the appellant. He obtained a decree on 12th December 1936, against Kadha Prasad Bose, husband of Sashimukhi, the present respondent. The first execution case was No. 823 of 1937. The disputed property was attached on 19th December 1937 along with certain other items. After that attachment, on 8th March 1938, Sri Bhagabat Gosain, through marfatdar, Sashimukhi, advanced a claim, under Order 21, Rule 58, Civil P.C. (claim Case No. 36 of 1938). As the date for sale had been fixed for 19th March 1938, the claim case was dismissed, as filed too late. At this stage, the execution case was transferred to the Court of the Subordinate Judge of Cuttack, on 19th March 1938, where it was numbered as Execution Case No. 88/823. On 16th August 1938, Radha Prasad Bose died. There was no substitution of his legal representative, namely, Sashimukhi, before the sale was held. The decree-holder became the purchaser in the execution sale on 17th August 1938. Sashimukhi put i...
Tag this Judgment!Radhakrishna Das Vs. Ramana Swami and anr.
Court: Orissa
Decided on: Aug-27-1948
Reported in: AIR1949Ori1
Panigrahi, J.1. The circumstances leading to this litigation are not in controversy. The plaintiff, Thakur Sri Radharamna Swami, was admittedly the family idol of Ranganath Deb Goawami, defendant 2 in this case. The father of defendant 2 executed a 'kebala' dated 21st November 1909 transferring hisshebayati right, the in am lands endowed for the service of the deity and the plaintiff idol itself to the Guru of the defendant 1 the then Mahant of Gangamatha Math, at Puri, and put him in possession of the plaintiff deity. The Government of Madras resumed the in am grant on 4th November 1921 as it had been alienated, and the purpose of the grant had failed. Defendant 2 thereupon applied to the Government of Madras for handing over the net assessment of the village to him so that the seba puja of the deity may be continued. On objection being taken by Defendant 1, the alliance, the parties were referred to establish their rights in a civil Court and the collections from the village were dir...
Tag this Judgment!Chandra Kishore Das Vs. Babulal Agarwala and ors.
Court: Orissa
Decided on: Aug-09-1948
Reported in: AIR1949Ori77
Panigrahi, J.1. This revision is directed against the order of the Subordinate Judge, Puri, refusing to allow the defendant to amend his written statement. The plaintiff filed a money-suit for the recovery of Rs. 59,000 against Vijaya Stores, the petitioners before us, alleged to be due under an agreement for the supply of rice to the petitioners. One of the contentions raised by the defendant firm was that the plaintiff alone was not entitled to sue as he, along with one Brajakishore Naik, jointly executed the agreement in favour of the defendants for supply of rice. The plaintiff thereupon filed a petition under Order 1, Rule 10 and under Section 151, Civil P.C., to implead Brajakishore Naik as a pro forma defendant. The Court directed the addition of Brajakishore as defendant 2 and the plaint was accordingly amended. Summons was issued to defendant 2 and on 4th August 1945 defendant 2 filed his written statement. On 5th September 1945 defendant 1 filed a petition for amending his wr...
Tag this Judgment!- ‹ Prev
- Next ›