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1976 Supreme(Ori) 41

P.K.MOHANTY
BHUBANESWAR PATEL – Appellant
Versus
JANAK PATEL – Respondent


Advocates Appeared:
G.RATH, N.C.PANIGRAHI, P.K.Misra, R.C.PATNAIK, R.K.RATH

P. K. MOHANTI, J.

( 1 ) THIS revisional application under Section 115 of the Code of Civil Procedure is directed against an order of the learned District Judge of Bolangir rejecting an application for amendment of the plaint.

( 2 ) THE petitioner and opposite party No. 4 filed Title Suit No. 79 of 1967 in the court of the Subordinate Judge of Bolangir for declaration of title to the suit lands which were under attachment in a proceeding under Section 145, Criminal p. C. They claimed ownership of the suit lands having purchased the same from one Indra Patel by means of a registered sale deed dated 12-2-1964 vide Ext. 1. The defendants denied the plaintiff's title and contended that Indra Patel had adopted defendant No. 3 as a son, and had executed a registered deed of acknowledgement of adoption in his favour on 2-12-1958. Subsequently, by about 1963 the said Indra Patel and defendant No. 3 developed misunderstanding as a result of which Indra was frequently living away from defendant No. 3. It was alleged that taking advantage of Indra's old age and the strained relationship between him and defendant No. 3 the plaintiffs obtained a fraudulent sale deed in respect of the suit land









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