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1986 Supreme(Ori) 64

K.P.MOHAPATRA
JHUMPA BEWA – Appellant
Versus
SAHADEB ROUT – Respondent


Advocates Appeared:
L.D.RATH, MANOJ MISHRA, S.Mishra

K. P. MOHAPATRA, J.

( 1 ) THIS revision is directed against the order passed by the learned Additional Munsif, Kendrapara, refusing the petitioners (defendants 2 to 4) to adduce evidence in Title Suit No. 194 of 1978.

( 2 ) OPPOSITE parties 2 to 6 (Plaintiffs) instituted the suit for setting aside the sale deed in respect of the suit land executed by petitioner No. 1 in favour of opposite party No. 1 (defendant No. 1) on the ground that the sale deed was obtained by the latter by fraud and misrepresentation without payment of consideration to the former, an illiterate and purdanashin lady. The petitioners, in their written statement, supported the case of opposite parties 2 to 6, which makes opposite parties 2 to 6 being plaintiffs and the petitioners being defendants sail in the same boat. Opposite parties 2 to 6 closed their evidence by examining witnesses on 24-7-1984. The defendants were to commence their evidence on 25-7-1984. On that day opposite party No. 1, as well as, the petitioners filed their list of witnesses and were present in court. Opposite party No. 1 commenced his evidence which was closed on 1-8-1984. On that day the petitioners filed a petition to allow them






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