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1974 Supreme(Ori) 24

S.K.RAY, S.ACHARYA
Union of India – Appellant
Versus
Sudhir Kumar Ray – Respondent


Advocates Appeared:
S. Mohanty and K.N. Sinha for Petitioner; B.M. Patnaik, B.R. Patnaik G.B. Patnaik; S.P. Raju, K.N. Jena, M.R. Panda, and S. Das, for Opposite Parties.

Judgement

S. K. RAY, J. :- Two applications have been filed in the aforesaid A. H. O. No. 1 of 1971. One application is under Order 47, Rule 1 read with Section 151 C. P. C. for review of the judgment passed in the aforesaid A. H. O. for the purpose of setting aside part of the decree passed in F. A. No. 98 of 1964 regarding grant of interest on future salary. The other application is one under Section 152 C. P. C. for the identical relief of amendment of the decree in F. A. No. 98 of 1964 which was merged in the, appellate decree passed in A. H. O. No. 1 of 1971, in the alternative. Both these applications have been heard together as the relief claimed in them is essentially the same.

2. For appreciating the need of filing the aforesaid two applications it is necessary to recount shortly the background litigation. The opp. party No. 1 filed his suit against the petitioner and the other pro forma opposite parties for the following reliefs:

(a) For a declaration that the decision of reversion of the plaintiff as communicated to defendants Nos. 7, 9 and 10 and subsequent intimation to the plaintiff and consequential order of defendant No. 10 posting the plaintiff to Banki is void, inop



































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