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2015 Supreme(Ori) 450

BISWANATH RATH
Ranjan Kumar Das – Appellant
Versus
Punjab National Bank, Puri – Respondent


Advocates Appeared:
For the Petitioners:Bhabasis Das, R. Sahoo, J.K. Bastia, Advocates.
For the Opposite Parties :R. Ch. Prusti, T. Sahu, M. Pattnaik, Advocates.

JUDGMENT :

BISWANATH RATH, J.

1. This present writ petition arises out of an order dated 29-4-2009 passed by the Civil Judge (Senior Division), Puri in C.S. No. 38 of 2008 as at Annexure-9 thereby allowing an application under Order 7, Rule 11 of CPC filed at the instance of defendant No. 1 - Bank for rejecting the plaint.

2. The short fact involved in the case is that the present petitioner as plaintiff filed the suit bearing C.S. No. 38 of 2008 as against the Bank and a private party seeking the following reliefs:-

"(A) Let the D. 1 or any one of its behalf be permanently restrained from coming upon the suit land and disturb possession of the plaintiff in any manner whatsoever.

(B) Let, a decree be passed declaring D. 2 to have no right, title, interest nor possession in the suit property.

(C) Let a decree be passed declaring any property including 'A' schedule property in part and parcel of the ancestral property of late Bhikari.

(D) Let, the possession of the plaintiff in the suit land be confirmed and the property mentioned in the notice affixed on behalf of D. 1 be declared to have no connection with subject matter of the suit.

(E) Let, the cost of the suit be decreed.

(F) Let, any ot





































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