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1988 Supreme(Ori) 126

HARI LAL AGRAWAL, A.K.PADHI
PRANAKRUSHNA – Appellant
Versus
UMAKANTA PANDA – Respondent


Advocates Appeared:
P.KAR

AGRAWAL, CJ.

( 1 ) HH This revision by the plaintiffs under S. 115 of the Civil P. C. (for short, 'the Code'), which is directed against an order of the trial court allowing an application for intervention filed by opposite parties 2 to 4, apparently appears simple. But some issues of seminal importance are raised for our determination in view of order of the learned single Judge referring the matter to a Division Bench doubting the correctness of the decision of another learned Judge of this Court.

( 2 ) THE facts briefly noted are as follows :-the petitioners instituted a suit for declaration of their title over certain landed property in which a relief of permanent injunction restraining the defendant-opposite party No. 1 from alienating, the suit property was also made. On 20-4-1981, the court passed an order of interim injunction which was ultimately made absolute on 30-9-1981.

( 3 ) IN due course, the hearing of the suit was taken up and was completed on 8-101985, 17-10-85 was fixed for delivery of judgment. At this stage, on 11-10-1985, the invervenets (opposite parties 2 to 4) made an application for their addition as parties to the suit under the provisions of O. 1, R.









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