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2003 Supreme(Ori) 716

P.K.TRIPATHY
Sitaram alias Mahendra Ghosh – Appellant
Versus
Sri Antaryami Mohapara – Respondent


Advocates:
For Petitioner:M/s. A. K. Choudhury, K. K. Das and S. Dey
For Opp. Parties:None

JUDGMENT

P. K. TRIPATHY, J. — By this common judgment all the afore¬said Civil Revisions are considered relating to maintainability in view of the amendment of Section 115 of the Code of Civil Procedure, 1908 (in short, ‘the Code’), which came into force by Act 46 of 1999 with effect from 1st July, 2002. Before consider¬ing the legal issue, orders which are impugned in each of the revision petitions are briefly noted as follows :

C.R.P. No. 89 of 2002

The respondent in Munsif Appeal No.95 of 1999 pending in the Court of District Judge, Balasore has preferred this revision challenging to the order dated 30.7.2002 passed by the District Judge in allowing the application for substitution filed by the appellant and rejecting the application for abatement filed by the respondent.

C.R.P. No. 107 of 2002

Plaintiff in Title Suit No.341 of 1996 of the Court of Civil Judge (Sr. Division), Bhubaneswar, has preferred this revision challenging to the order of addition of party by substituting the petitioners as against deceased defendant No.2.

C.R.P. No. 115 of 2002

Appellant in R.F.A. No.24 of 2002 has preferred this revi¬sion challenging to the order dated 26.8.2002 passed by the Fast Track C


















































































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