Court : Orissa
Decided on : Nov-02-1978
Reported in : AIR1979Ori80
R.N. Misra, J.1. Defendants 1 and 2in Title Suit No. 53 of 1974 have carried this revision application against the ordei of the learned Trial Judge finding the suit under Order 21, Rule 63 of the Civil P. C. to be within the period of limitation, the issue relating to limitation having been adjudicated as a preliminary one. When the revision application was placed before one of us for hearing, it was directed to be placed before a Division Bench for final disposal.2. On 13-5-1970, plaintiff (opposite party No. 1) filed Money Suit No. 339 of 1970 in the court of the Subordinate Judge at Cuttack for recovery of the dues on promissory notes executed by opposite parties 2 to 5 and obtained an ex parte ad interim order of attachment before judgment. Petitioners had purchased a house from opposite parties 3 to 5 under a registered sale deed dated 20th of March, 1970, for valuable consideration and when they found that the order of attachment covered this property also, they asked for lifting...
Tag this Judgment!Court : Orissa
Decided on : Dec-04-1978
Reported in : (1979)IILLJ131Ori
R.N. Misra, J.1. Petitioner is an officer employed by the State Bank of India. During 1970 and 1971, he was posted as the Manager of the Baripada Branch of the Bank. On 5th Oct. 1970, petitioner entered into an agreement for purchase of an Ambassador car bearing registration number WBJ 2130 from one Bhagawandas Agarwalla for a consideration of Rupees 14,500 stipulating to obtain delivery of possession on payment of Rs. 4,000 and agreeing to pay the balance of Rupees 10,500 in two instalments--one of Rs. 2,000 within a month hence and the remainder of Rs. 8,500 after obtaining the transfer of ownership from the registering authority. In the agreement, the copy whereof is Annexure-4(i) to this writ application, it was mentioned that the vehicle stood in the name of Shri Banker Prasad Singh as the registered owner. On 16.9.1970, petitioner applied to the Regional Manager of the Bank for sanction of a loan and made a second application on 28.9.1970 to the same effect indicating therein tha...
Tag this Judgment!Court : Orissa
Decided on : Feb-13-1978
Reported in : AIR1978Ori175; 46(1978)CLT351
S. Acharya, J.1. The plaintiff in Title Suit No. 50 of 1967 has preferred this appeal against the judgment of the court below confirming the decision of the trial court dismissing the plaintiff's suit.2. The suit was for issuing a permanent injunction restraining the defendants from entering upon the suit property described in the schedule attached to the plaint and also from interfering in any manner with the possession of the plaintiff over the suit property.3. In view of the question involved and the decision I am going to take in this appeal it is not necessary for me to deal with the respective cases of both the parties,4. The suit was posted for hearing on 18-9-72. On one or two previous dates the court had adjourned the hearing of the case on the petition of the plaintiff, but on those dates some documents on behalf of the defendants were filed and were marked as exhibits as formal proof thereof was dispensed with. On 18-9-72 the advocate for the plaintiff applied for time on th...
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