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1972 Supreme(Ori) 62

G.K.MISRA
MALLI DEI – Appellant
Versus
KANCHAN PRAVA DEI – Respondent


Advocates Appeared:
B.Mohapatra, N.C.PATNAIK

G. K. MISRA, C. J.

( 1 ) THE material facts may be stated in short. One Sarada Cha-ran Pradhan was serving as an assistant in the planning and Coordination Department (planning branch) in the Orissa Secretariat. He died on 13-3-1968 leaving behind his mother (plaintiff 1), a son (plaintiff 2), his widow (defendant 1) and two other minor sons who ere not parties to the suit After death of Sarada, the petitioners filed T. S. No. 139/70 in the Court of the Subordinate Judge, Cuttack, for declaration of title to a sum of Rs. Five thousand secured by the insurance policy on the life of the deceased. The petitioners filed an application for issue of an ad interim injunction against the defendant to restrain her from withdrawing the amount payable under policy no. 10755464 on the life of the deceased. The learned Subordinate Judge dismissed this application and his order was confirmed by the learned Additional District Judge by his order dated 30th June, 1971, whereby he directed that the suit should be heard within a month. It is against this confirming order of the Additional District Judge that this Civil Revision has been filed.

( 2 ) MR. Mohapatna, for the petitioners, places relia







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