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1999 Supreme(Ori) 431

P.K.MISRA
SANATAN DAS – Appellant
Versus
AHALYA DEI – Respondent


Advocates Appeared:
S. Mishra-2, C.R. Nanda, S. Mantry and R.C. Rath, for the Appellant; P. Kar, D.K. Sahoo, M. Mohanty, S.K. Pradhan, P. Chhinchani and D.K. Swain, for the Respondent

JUDGMENT :

P.K. Misra, J. - Defendant No. 23 and Defendants 7 to 9 are the Appellants. From the undisputed genealogy, it appears that one Champati Das had three sons, namely Kalandi, Mali and Padan. Kalandi had two sons, namely Bholanath and Binod. Bholanath's wife Jema died in the year 1962. Rambha was the daughter of Bholanath. Defendant No. 2 was the son of Mali. He expired during pendency of the suit and his legal representatives have been impleaded as.defendants 24 to 29. Pandan had two sons, late Panchu and Gangadhar (defendant No. 5). Defendant No. 4 is the widow of Panchu and Defendant No. 3 is the son. There is no dispute regarding the above relationship. From the evidence on record, it has been found that Bholanath had two sisters, namely Ajodhya and Hara.. Defendants 6 and 23 are the sons of Ajodhya. Both of them claim in their separa written statement that Defendant No. 23 is-the adopted son of Binod. Ajodhya had two other sons who were not impleaded as parties in the trial court and an application for impleading them as parties has been filed by the plaintiff-respondent No. 1 during the pendency of this appeal. Similarly, Hara had three sons who had not been impleaded a

































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