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2009 Supreme(Ori) 327

SANJU PANDA
B. S. Saxena – Appellant
Versus
Arunima Kumari – Respondent


Advocates:
For Petitioner:M/s. S. P. Mishra, S. Mishra, S. Dash, S. Nanda, B. S. Panigrahi and B. Mohanty
For Opp. Parties 1 & 2:M/s. S. D. Das, H. S. Satapathy, D. R. Bhakta, D. R. Samantaray, A. N. Sahu and A. Mishra

JUDGMENT

S. PANDA, J. — This civil revision is directing against the order dated 20th April, 2005 passed by the learned Addl.District Judge (F.T.C. No.III), Bhubaneswar in M.S. No.3/198 of 2005/2004 rejecting the application filed by the defendants under Order 7 Rule 11(a) and (c) of the Civil Procedure Code read with Section 7(i) of the Orissa Court Fees Act for rejection of the plaint.

2. The facts, as narrated in the application, are as follows :

The present opposite parties as plaintiffs filed C.S. No.198 of 2004 in the Court of learned Civil Judge (Senior Division), Bhubaneswar for realization of damages of Rs.51,80,000/- (rupees fifty one lakh eighty thousand) from the defendants within a specified period and in default to pay the amount, interest and cost with pendente lite and future interest as per the bank’s rate. In the plaint, they alleged that in pursuance of matrimoni¬al column published on 6.10.2002 in the English daily “The Times of India” inviting proposal for marriage of plaintiff no.1, defendant No.1 proposed for marriage of his son with plaintiff No.1. The father and brother of plaintiff No.1 came to Lucknow, the place of the defendants for negotiation. The plai







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