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1985 Supreme(Ori) 35

D.P.MOHAPATRA
J. E. L. CHURCH – Appellant
Versus
SAMUEL SANTHI KUMAR – Respondent


Advocates Appeared:
G.S.Das, N.PATRA, R.MOHANTY, S.S.BASU

D. P. MOHAPATRA, J.


( 1 ) THESE applications under S. 115, Civil P. C. are directed against the orders passed by the Subordinate Judge, Jeypore rejecting the application of the petitioner to dispauper the plaintiff-opposite party No. 1. The parties in the two cases are the same and the cases involve similar questions of facts and law and the impugned orders are similar in nature. At hearing one set of argument has been advanced and this order will govern both the cases.

( 2 ) CIVIL Revision No. 703 of 1983 arises out of M. S. No. 14 of 1981 filed by the opposite party No. 1 initially claiming Rs. 9,893/- against the petitioner and the opposite party No. 2 towards cost of his movables which were allegedly removed by the latter. During pendency of the suit movables worth of Rs. 4,434/- were returned to the plaintiff-opposite party No. 1. Thereafter, he reduced the claim in the suit to Rs. 5,459/ -. The court-fees payable on the plaint is Rs. 659. 25. Civil Revision No. 704 of 1983 relates to Title Suit No. 7 of 1981 filed by the Opposite Party No. 1 initially for a sum of Rs. 55,800/-against the petitioner and the Opposite Party no. 2 towards his arrear dues. During pendency of the




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