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2018 Supreme(Ori) 774

A.K.RATH
Ramesh Chandra Sahoo – Appellant
Versus
Ranjit Kumar Singh – Respondent


Advocates Appeared:
For Petitioners:Mr. A.P. Bose, Advocate
For Opp. Parties :Mr. S. Udgata, Advocate

JUDGMENT

Dr. A.K. RATH, J. - This petition challenges the order dated 25.7.2016 passed by the learned Civil Judge (Sr. Divn.), Rourkela in C.S. No.195 of 2011, whereby and whereunder learned trial court rejected the application of the plaintiffs filed under Order 1 Rule 10 C.P.C. to implead Sobha Singh, wife of Ranjit Kumar Singh, as defendant no.2.

02. The plaintiffs-petitioners instituted the suit for permanent injunction and recovery of possession impleading the opposite party no.1 as defendant. Pursuant to issuance of summons, the defendant entered contest and filed a written statement stating inter alia that the land has been mutated in the name of Harminder Singh in Case No.1222 of 2001 by the Settlement Officer. Out of the suit land, one Achintya Sen sold a piece of land measuring an area Ac.0.030 dec. to Smt. Sobha Singh, wife of Ranjit Kumar Singh, defendant, by means of a registered sale deed of the year 2010 and delivered possession. She has constructed a house and resided thereon. While the matter stood thus, the plaintiffs filed an application under Order 1 Rule 10 C.P.C. to implead Sobha Singh, wife of the defendant, as defendant no.2. The defendant filed objection t














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