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2001 Supreme(Ori) 418

R.K.PATRA
Chunta Nayak and fifty – Appellant
Versus
State of Orissa, represented by Collector, Kendrapara and five – Respondent


Advocates:
For Appellants:M/s. M. Sinha and J. K. Mohanty
For Respondents:Mr. S. K. Nayak (1) Government Advocate (for Respondents 1 to 4)
M/s. U. K. Mishra, S.R. Kanungo and A. K. Mohanty (for Respondent No. 6)
M/s. S. K. Nayak (2), B. K. Rout, M. K. Jena, S. Barik and Miss P. Mishra (for Respondent No. 5)

JUDGMENT

P. K. BALASUBRAMANYAN, C.J.— This suit was filed in the Court of Civil Judge (Junior Division), Kendrapara after complying with the requirements of Order 1, Rule 8 of the Code of Civil Proce¬dure, 1908 (in short, the ‘Code’). The suit was one for perpetual injunction restraining the defendants from constructing the primary school building over the ‘B’ and ‘C’ schedule lands or any other lands, and to direct the plaintiffs to construct school building in the plaint ‘A’ schedule land. In that suit, it is seen that on notice being published in terms of Order 1, Rule 8 of the Code, a number of villages got themselves impleaded. The appellants before us, filed an application under Order 1, Rule 10 of the Code seeking to get themselves impleaded in the suit. The trial Court dismissed that application. A revision was carried before the learned Additional District Judge, Kendrapara under Section 115 of the Code. The learned Additional District Judge refused to interfere with the order of the trial Court to exer¬cise of his revisional jurisdiction. The appellants thereupon filed O.J.C. No. 11849 of 2000 before this Court purporting to invoke the jurisdiction of this Court under Art







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