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1984 Supreme(Ori) 3

B.K.BEHERA
PURUSHOTTAM LAL MANG (SIC)URAM – Appellant
Versus
MST. JORO BAI – Respondent


Advocates Appeared:
DEEPAK MISRA, G.RATH, R.N.NAIK, S.S.BASU, S.S.RAO

B. K. BEHERA, J.

( 1 ) THIS revision has been directed against the order passed by the learned Munsif, Sambalpur, rejecting the objections raised by the petitioner being the judgment-debtor in Execution Case No. 2 of 1975 with regard to the maintainability and continuance of the proceeding against him by the opposite parties for his eviction in pursuance of the order passed in November, 1974, under the Orissa House Rent Control Act initiated by Devidutta Agarwalla. The petitioner had unsuccessfully moved the appellate authority under the Act and had without success moved this Court in O. J. C. No. 644 of 1977 for quashing the order of eviction which was dismissed on December 1, 1977.

( 2 ) THE petitioner made an application under Section 47 of the Civil P. C. (for short, the 'code') in the aforesaid Execution Case alleging that proper enquiry regarding the insanity of Devidutta under Order 32, Rule 15 of the Code had not been made. This application was rejected by the executing court in April, 1978 and Civil Revision No. 264 of 1978 directed against that order of rejection was dismissed by this Court. The petitioner instituted Title Suit No. 3 of 1979 in the court of the Munsif,
















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