Orissa Court November 1997 Judgments
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Buli Jena and anr. Vs. Bisnhu Ch. Sutar
Court: Orissa
Decided on: Nov-04-1997
Reported in: 1997(II)OLR559
ORDERP.K. Misra, J.1. This is an application under Order 1, Rule 10, read with Section 151 of the Code of Civil Procedure. This application has been filed by the legal representatives of deceased appellant No. 2. During the pendency of the second appeal, appellant No. 2 expired on 20.10.1996. A memo supported by affidavit was filed by counsel for the respondent indicating such death of appellant No. 2. Thereafter the present application has been filed.2. Counter has been filed on behalf of the respondent stating that an application under Order 22, Rule 3, CPC, should have been filed and since the period for filing petition for substitution was over, petition for setting aside abatement should have been also filed. It is, therefore, contended that the application under Order 1, Rule 10, read with Section 151, CPC is not maintainable.3. The learned counsel for the petitioners who is also the counsel for the other appellants relying upon the decision of the Supreme Court reported in AIR 1...
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