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1969 Supreme(Ori) 48

A.MISRA, S.ACHARYA
JOGENDRA GARABADU – Appellant
Versus
LINGARAJ PATRA – Respondent


Advocates Appeared:
B.B.RAY, B.Mohapatra, G.N.SENGUPTA, L.K.DAS GUPTA, S.C.GHOSH

A. MISRA, J.

( 1 ) THE unsuccessful plaintiffs are the appellants. Originally, the suit was instituted by 12 plaintiffs, but as plaintiff No. 5 died during the pendency of the suit, his name was expunged and the remaining 11 plaintiffs continued the suit.

( 2 ) PLAINTIFFS' case, in brief, is as follows: They are all members of the Brahmin nijjog whose office is situate on plot No. 738 adjoining a tea stall owned by defendant No. 1 on plot No. 737. Defendant No. 1 had cherished a grudge against them on their refusal to allow him some further space to expand his tea stall. During the night preceding 31-10-58, the roof of defendant No. 1's tea stall was burnt. On the morning of 31-10-1958 out of the grudge which he cherished against the plaintiffs, defendant no, 1 conspired with defendants Nos. 2 to 4 and lodged a F. I, E. making false accusations against the members of the Brahmin nijjog including the plaintiffs of having committed certain offences in relation to him and his property while he was rearranging his articles in the shop. As a result, some of the plaintiffs were arrested on 31-10-58, remained in custody till release on bail and others surrendered in court and got enlarg
































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