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1971 Supreme(Pat) 140

SHIVESHWAR PRASAD SINHA, SHAMBHU PRASAD SINGH
Indu Bhushan Chakravarty – Appellant
Versus
Hareram Narayan Deo – Respondent


Judgment

Shambhu Prasad Singh, J.

1. This appeal by the plaintiff arises out of a suit under Order 1, Rule 8 of the Code of Civil Procedure seeking a representative decree against the defendants and other permit holders from defendant No. 3, that the plaintiff is exclusively entitled to all the materials, namely boulders, ballast, gravels, morrums, lime-stones and other building stones, open and unopen, lying in or upon any land in 68 villages mentioned in Schedule A to the plaint and that those materials are the exclusive properties of the plaintiff. He further sought a permanent injunction restraining the defendants, their agents, servants and workmen, from digging, quarrying, collecting and removing gravels or any other building stones from any part of 68 villages and also restraining defendant No. 3 from issuing permits or granting permission to other defendants or any one else for working, digging or getting any gravels etc., from those villages. Reliefs for a direction to the defendants to make discovery of the loss caused by them to the plaintiff by their wrongful acts and make payment for that loss and, if necessary, for an enquiry as to what should be the amount of such rea





















































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