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2008 Supreme(Ori) 99

I.MAHANTY
Padmabati Chowdhury – Appellant
Versus
Harish Chandra Kar – Respondent


Advocates:
For Petitioners:M/s. R. N. Panigrahi, D. Panigrahi & Smt. A. Panigrahi
For Opp. Party No.6:Mr. A. K. Mahakud
For Opp. Parties 1 to 5
and Opp.Party No.7:None

JUDGMENT

I. MAHANTY, J. — The petitioners in this writ application have seek to challenge the order dated 27.02.1999 passed by the Dis¬trict Judge, Balasore-Bhadrak, Balasore in Civil Revision No.74 of 1997 whereby the learned District Judge has set aside the order dated 27.10.1997 passed by the learned Civil Judge (Jr. Divn.), Balasore allowing an application filed under Order 6, Rule-17 CPC.

2. The brief facts of the case are that late Surendra Prasad Choudhury, as plaintiff, had filed O.S. No.680 of 1990-I in the Court of the Munsif, Balasore for correction of record of rights. Subsequently, in view of the observations made by the District Judge in his judgment dated 9.8.1996 passed in Misc. Appeal No.37 of 1993, the plaintiff filed an application in the said suit under Order 6, Rule-17 CPC for amendment of the plaint to implead his wife Padmabati as a co-plaintiff. On consideration of the objections raised by the defendants to the said applica¬tion under Order 6, Rule 17, the learned Civil Judge (Jr. Divn.), Balasore allowed the said application by his order dated 27.10.1997. Being aggrieved by the said order, the defendants carried a revision to the District Judge, Balasore in




















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