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1959 Supreme(Ori) 36

S.BARMAN
BALADEB JEW THAKUR – Appellant
Versus
DHANESWAR MISRA – Respondent


Advocates Appeared:
D.SINGH, Govinda Das, K.M.Swain, S.MISRA

S. BARMAN, J.

( 1 ) THE plaintiff is the petitioner in this Civil Revision directed against an order of the Additional District Magistrate (II), Cuttack, in Rent Revision Case No. 3 of 1957-1958 setting aside an order of the Deputy Collector and previous Rent Suit Officer in Case No. 2/193 B of 1954-1955 under Section 193 (b) of the Orissa Tenancy Act, 1s39 and directing that the suit be dismissed as barred by limitation.

( 2 ) THE only question, in this case, is one of limitation which arose in these circumstances: On 31-8-1951 the defendant who was the Tahasildar of the plaintiff Sri Baladeb Jew Thakur installed in its temple at Ichhapur, Kendrapara, in the district of Cuttack, was dismissed for alleged mis-appropriation of monies and negligence for the management of the said Thakur's property. On 3-111951, the plaintiff Thakur filed a suit being Original Suit No. 519 of 1951 (III) for recovery of Rs. 2982/-, accounts and other incidental reliefs against the said Tahasildar defendant in the Second Munsif's Court at Cuttack. The defendant filed a written statement denying the plaintiff's claim. A point of jurisdiction was also taken that the Munsif's Court, Cuttack, had no juris






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