Orissa Court July 1972 Judgments
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Orissa Electrical Manufacture Ltd. Vs. Ashis Bose and anr.
Court: Orissa
Decided on: Jul-03-1972
Reported in: AIR1973Ori80
Patra, J.1. This application in revision is directed against an order of the Munsif, First Court, Cuttack rejecting an application for amendment of the plaint. The suit is one for realisation of the price of goods said to havo been supplied to the firm known as 'M/s. Electrical Sales & Services', of which the defendants are partners. The suit was filed on 31-3-1967 and the defendants filed written statement on 31-7-1967 wherein it was contended inter alia that the suit is liable to be dismissed for non-joinder of necessary party, namely, the firm 'M/s. Electrical Sales & Service.' Despite this objection taken in the written statement, no application for amendment of the plaint was made by the plaintiff, and in due course the trial of the suit took place and evidence was closed on 12-3-1970 and arguments were heard on 2-4-1970. Shortly after the close of the argument, an application was filed by the plaintiff to add the above-named firm as a defendant in the suit. There is no dispute th...
Raghunath Altia Vs. Arjuno Altia and ors.
Court: Orissa
Decided on: Jul-03-1972
Reported in: AIR1973Ori76
B.K. Patra, J. 1. This is an appeal by the plaintiff whose suit for partition was decreed partially in the Courts below. The properties in respect of which partition was sought are 9.32 acres in extent and admittedly were Somasthanam Paik Inam lands of mouza Chedipalli. One Arta Altia was previously the holder of the office and after he became old, his eldest son Bhaiga Altia became the village carpenter and held the Inam lands. These lands were resumed by Government in the year 1961 and on 24-7-61 a Patta in respect thereof was granted to Bhaiga Altia. The following genealogical table would explain the relationship between the parties in the suit. ARTA ALATIA (DIED) | ------------------------------------------------------------ | | | | Bhaiga=Hira Purnachandra Laxman Rama (D.12) (D.3) (dead) | | | | Nityananda ---------------------- | | (D.8) | | | | ----------- -------------Hompa Arjuno Raghu Kanchono | | | |(D.9) (D.1) (Plff) (dead Panu Narsingh Kasinath Brundaban =Parvati 1958) (D....
Digambar Bhuyan Vs. Nityananda Sahoo and ors.
Court: Orissa
Decided on: Jul-03-1972
Reported in: 38(1972)CLT992; [1974]94ITR459(Orissa)
Patra, J. 1. Opposite party No. 1 had brought a money suit against opposite parties Nos. 2 and 3 and the petitioner for recovery of Rs. 2,300 alleged to be due on a hand-note dated June 3, 1966, executed by opposite parties Nos. 2 and 3 in favour of opposite party No. 1. The petitioner stood surety for payment of the debt. In paragraph I of the plaint, opposite party No. 1 stated that he was a registered money-lender and had obtained the necessary licence. Subsequently he filed an amendment to the effect that he had discontinued his money-lending business during the period of the transaction, that is, from 1965 to 1969. All the defendants contended in the suit that the plaintiff is a regular money-lender and had never discontinued his money-lending business and that, consequently, the suit is hit by Section 8 of the Orissa Money-Lenders Act. The suit was in due course taken up for trial on March 18, 1971, and the trial continued from day-to-day. In the midst of the trial, defendant No....
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