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1959 Supreme(Ori) 34

S.BARMAN
BASANTA PRIYA DEI – Appellant
Versus
RAMKRISHNA DAS – Respondent


Advocates Appeared:
L.K.DAS GUPTA, P.KAR

S. BARMAN, J.

( 1 ) THE plaintiffs, wife and husband, are the petitioners in this Civil Revision directed against an order of the 1st Additional Munsif, Cuttack, in Title Suit No. 14 of 1955 holding that the Court of 2nd Munsif, Cuttack had no jurisdiction to try the suit in respect of the relief relating to Schedule A land, situate within the jurisdiction of the Munsif of Kendrapara, and in so far as the suit relates to defendants Nos. 2, 5 and 6; and the suit was directed to proceed against the rest of the defendants including defendant No. 1 as proforma defendant only in respect of Schedule H property within the jurisdiction of the Munsif of Kendrapara and Schedule C property within the jurisdiction of the Munsif of Cuttack: and the plaint was directed to be amended accordingly.

( 2 ) THE only question for consideration in this matter is whether the learned Munsif was right in making the order thus splitting up the plaintiffs' alleged cause of action against all the the defendants and in respect of properties situate both within the jurisdiction of the Munsif of Cuttack as also within that of the Munsif of Kendrapara. For this purpose, it is necessary to consider the frame and






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