Court : Orissa
Decided on : Apr-21-1965
Reported in : AIR1966Ori18
ORDERG.K. Misra, J.1. Plaintiff's suit is for recovery of Rs. 402, both principal and interest inclusive on the allegation that on 23-6-1901 the defendant took a loan of Rs. 300 in cash on executing a promissory note by way of security for realisation of the loan and in evidence thereof and stipulated therein to pay hack the loan and to pay interest at the rate of 12 per cent per annum on demand. In para 6 of the plaint the cause of action was mentioned to he borrowing of money on the basis of the promissory note The defence need not be stated as it is not relevant for the purpose of this revision.On 1-9-1964 plaintiff filed an application for amendment of the plaint under Order ft, Rule 17, Civil Procedure Code. Certain portions of the plaint were prayed to be deleted and to be substituted by the averments that there was an oral agreement that the principal and interest at 12 per cent per annum would be paid on demand. The object of the amendment was to clearly state that the plaint i...
Tag this Judgment!Court : Orissa
Decided on : Aug-14-1965
Reported in : AIR1966Ori124
Ahmad, C.J. 1. The parties to all these six applications are the same; they arise out of substantially the same facts, and involve common Questions of law; therefore, they have all been heard together and are disposed of by this common judgment.2. The rule in all these case was obtained by the common petitioners under Article 226 of the Constitution of India against a common order dated 11-10-1963 passed by the Member, Board of Revenue in exercise of his revisional jurisdiction under Section 62 of the Bihar and Orissa Public Demands Recovery Act, 1914 in proceedings arising out of 6 Public Demands Recovery cases numbered as Certificate Misc. Cases Nos. 1207 of 1950-51, 12 of 1951-52, 3991 of 1951-52, 154 of 1953-54, 2204 of 1952-53 and 175 of 1963-64. By that order, the Member, Board of Revenue held that-'Certificate under Section 46(2) was sent to the Collector. From then it becomes a due payable to the Collector. As far as the certificate officer is concerned, he treats it as an arre...
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