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1980 Supreme(Ori) 33

R.N.MISRA, K.B.PANDA, P.K.MOHANTY
DINAMANI DEBI – Appellant
Versus
PARAMANANDA CHOUDHURY – Respondent


Advocates Appeared:
B.Pal, R.K.MOHAPATRA

P. K. MOHANTI, J.

( 1 ) THIS Civil Revision is directed against an order of remand passed under section 151, Civil Procedure Code. When it was placed before a learned single judge, the opposite party No. 2 (defendant No. 2) contended, on the authority of a Bench decision of this Court in the case of Sarder Bauri Bisoyi v. (Smt.)Surekha Sahuani, ILR (1974) Cut 1433, that the order of remand was appealable and the Civil Revision was not maintainable. Counsel for the petitioner having challenged the correctness of the Bench decision, the learned single Judge directed that the case may be placed before a learned Bench for a decision on the question of maintainability of the Civil Revision. Thereafter, the civil Revision was placed before a Division Bench which referred it to a Full bench as the correctness of the Bench decision was doubted.

( 2 ) THE facts giving rise to this Civil Revision, in a nutshell, are as under: the petitioner as plaintiff brought O. S. No. 30/102 of 1974/69 for declaration of title and recovery of possession in respect of the suit lands on the allegation that the suit lands originally belonged to opposite party No. 1 (defendant No. 1) who sold the same to th




















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