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1991 Supreme(Ori) 41

P.C.MISRA
KANCHAN MOHANTY – Appellant
Versus
KULAMANI MOHANTY – Respondent


Advocates Appeared:
D.P.Das, G.H.PANDA, J.K.PANDEY, S.K.Mund, S.PANDA

P. C. MISRA, J.

( 1 ) THIS revision is directed against an order dated 13-3-1989 passed by the Subordinate Judge, Athagarh in Misc. Case No. 70/ 88 arising out of O. S. No. 5 of 1988.

( 2 ) O. S. No. 5 of 1988 is a matrimonial suit in which the husband prayed for a decree of divorce against his wife. By his judgment dated 19-8-1988 the Subordinate Judge allowed the suit on contest and passed a decree for divorce as prayed for in the suit. The present petitioner later on filed an application praying to review and recall the judgment dated 19-8-1988 passed in the said suit alleging that the decree for divorce has been obtained fraudulently. It was stated in the said application that she was although living with her husband and her thumb impression was taken on a plain paper which was later on manipulated to show that she had given her consent for the decree for divorce. She had also given her statement in court to the effect that she has agreed for a decree of divorce to be passed, but now explains the same by stating that she was pressurised to make such a statement as she was given to understand that the proceeding would be dropped thereafter. She has also said that the petition a








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