JUDGMENT :

A.K. Rath, J.

Defendant no.2 is the appellant against a reversing judgment.

2. Plaintiff-respondent no.2 instituted the suit for declaration that the decree passed in T.S. No.126 of 1978 is illegal, notification issued pursuant to the decree passed in Title Suit No.126 of 1978 as null and void, declaration that the name of the labour colony is Khapuria Labour Colony and permanent injunction. Case of the plaintiff is that Khapuria Labour Colony is situated at Village-Khapuria. The inception of the colony relates back to the year 1955. People worked in the small industrial units in the industrial estate at Khapuria were living there. The colony spread over some vacant lands in Nuapada village. Government of Orissa in its Labour Department took a decision to name the labour colony as Khapuria Labour Colony. The people of Nuapada are in no way concerned with the Labour Colony. On 15.3.1979, the plaintiff came to know that Fakir Mohan Satpathy, defendant no.2 herein, representing the inhabitants of village Nuapada has filed Title Suit No.126 of 1978 in the court of Munsif, Cuttack to set aside the decision of the State of Orissa in changing the name of Khapuria Labour Colony to