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2008 Supreme(Ori) 846

S.PANDA
BAISHNAB CHARAN DAS – Appellant
Versus
BASANTI SWAIN – Respondent


Advocates Appeared:
Braj M. Patnaik, B.C. Swain, M. Mishra, S. Mahant and G. Das, for the Appellant; P.C. Mishra and S.C. Tripathy, for the Respondent

JUDGMENT :

S. Panda, J. - In this civil revision, the Petitioner has challenged the order dated 16.2.2008 passed by the learned Civil Judge (Senior Judge), 1st Court, Cuttack, in Civil Suit (III) No. 48 of 2006 rejecting an application filed by the Petitioner under Order 7, Rule 11(d), Code of Civil Procedure

2. The facts of the case as narrated in record are as follows:

The, Defendant is the Petitioner. The opposite party as the Plaintiff filed a money suit on 28.6.2006 against the present Petitioner for recovery of Rs. 1,46,000/- on the ground that on 28th of January, 2002 she advanced Rs. 40,000/- towards the value of the property in part on the ground that there was an agreement between the parties for sale of immovable property by the Petitioner in favour of the opposite party and since the agreement to sell the immovable property failed, she claimed sixty per cent interest per annum on Rs. 40,000/-, the principal amount, and the total claim for decree was Rs. l,46,000/- with pendente lite and future interest. The opposite party-plaintiff specifically stated that she filed an application before the Chairman of the Orissa State Bar Council praying for necessary legal action agains







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