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1985 Supreme(Ori) 111

G.B.PATTANAIK
PALIA BEWA – Appellant
Versus
PARBATI KUMARI – Respondent


Advocates Appeared:
G.C.Ram, S.K.DEY

G. B. PATTANAIK, J.


( 1 ) PLAINTIFF is the petitioner challenging the order of the learned Munsif D/- 15-2-1985 allowing the prayer of defendant 12 to recall the plaintiff for cross-examination by him.

( 2 ) PLAINTIFF's suit (T. S. No. 63 of 1984) is one for injunction against defendants 1 to 11 not to put up any construction and interfere with possession of the plaintiff over the disputed property. According to the plaint case, in a partition between father of the plaintiff and his co-sharer (defendant 11), the disputed property fell to the share of plaintiff's father and he executed a registered deed of gift in favour of the plaintiff. Defendants 10 and 11 without having any right, title or interest over the same have executed sale-deeds in favour of defendants 1 to 9 who are threatening to put up construction and hence plaintiff's suit for injunction. 2a. After the trial began and plaintiff had given her evidence, an application was filed by four persons to be impleaded as party-defendants claiming that they were vitally interested in the suit and were necessary parties to the suit. The learned Munsif by order D/-13-12-1984 allowed the said prayer and added them as defendants 1




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