Orissa Court August 1982 Judgments
Damodar Das Vs. Gadadhar Mallik and ors.
Court: Orissa
Decided on: Aug-03-1982
Reported in: AIR1982Ori234; 54(1982)CLT245
ORDERP.K. Mohanti, Ag. C.J.1. This Civil Revision is directed against an order of the Executing Court allowing the judgment-debtor's objection under Section 47 of the Code of Civil Procedure.2. The facts giving rise to this Civil Revision may be briefly stated as follows :The petitioner as plaintiff brought Money Suit No 231 of 1970 for recovery of money on the foot of a hand-note executed by O.P. No. 2 Pitambar Mallick as karta and manager of a joint family consisting of himself and his two brothers Gadadhar and Dusasan (O.P. Nos. 1 and 3 respectively). Pitambar. Gadadhar and Dusasan were impleaded in the suit as -defendants 1, 2 and 3 respectively. On 28-10-70, defendant No. 1 entered appearance in the suit and prayed for time to file his written statement, After taking several adjournments, he did not file any written statement and was set ex parte. Defendants 2 and 3 didnot enter appearance despite service of notice. The suit was decreed ex parte on 23-7-71. Defendant No. 1 filed a...
Tag this Judgment!Sanatan Das Vs. Smt. Ahalya Dei and ors.
Court: Orissa
Decided on: Aug-02-1982
Reported in: AIR1983Ori8
ORDERR.C. Patnaik, J. 1. This revision arises out of an order rejecting the application filed by the petitioner under Order 1, Rule 10 of the Civil P. C. to be impleaded as a party in the suit.2. Opposite party No. 1 instituted a suit for partition claiming that the property had been divided amongst the other members of the family without her knowledge and excluding her. She alleged that the family originally consisted of two branches--one of Bholanath and the other of Binod. Bholanath died in 1971 leaving behind the plaintiff and defendants 1 and 2 as his heirs. Binod in his lifetime sold away his properties and died without any heir.3. During the pendency of the suit, the petitioner filed an application under Order 1, Rule 10 of the Civil P. C. to be impleaded as a party claiming that he was the adopted son of Binod and he was a necessary party to the suit and further, having regard to the nature of the suit and the allegations made, he ought to have been joined and his presence was ...
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