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2003 Supreme(Ori) 722

P.K.TRIPATHY
Purushottam Rana – Appellant
Versus
Kanakalata Rana – Respondent


Advocates:
For Petitioner:M/s. B. H. Mohanty, D.P. Mohanty, J. K. Bastia, B. Das, R. K. Nayak, S. C. Mohanty, T. K. Mohanty and B. N. Behera
For Opp. Parties:M/s. M. Mishra and P. K. Das, (For Opp. Parties 1 to 4)
M/s. P. Majhi (for Opp. Parties 9 to 16)
M/s. B. K. Patnaik and
Smt. P. Patnaik (For Opp. Party No. 7)
M/s. K. Rath and S. N. Sahu (For Opp. Parties 24, 27, 27 and 29)
M/s. S. Ray and T. K. Khuntia (For Opp. Parties 5 and 8)

JUDGMENT

P. K. TRIPATHY, J. — Plaintiff in Title Suit No. 29 of 1996 of the Court of Civil Judge (Sr. Division), Keonjhar has preferred this Civil Revision on rejection of the plaint under Order 7 Rule 11(b) of the Code of Civil Procedure 1908 (in short, ‘the Code’).

2. Though it is of less relevancy but the facts and cir¬cumstances involved in this case are noted in brief.

Plaintiff filed the suit for partition, inter alia, claiming for half share of the joint family property and intended that the sale transactions made by his father and Karta of the family in favour of Defendants 14 of 32 be declared null and void and inoperative as against his half interest. A fixed Court-fee was paid. Title Suit was taken up for hearing and after recording evidence and hearing argument when the suit was posted for Judgment learned Civil Judge (Sr. Division entertained a doubt regarding correctness of valuation made and the Court-fee paid on the plaint. In that context, learned Civil Judge (Sr.Division) provided an opportunity of hearing to the parties and on 3.4.2001 directed the plaintiff to correct the valuation and to pay the deficit Court-fee in accordance with the provi¬sions under Sec. 7
















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