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2010 Supreme(Ori) 700

B.K.PATEL
JHULLA SAHOO (DEAD) HIS LEGAL HEIRS SABITRI SAHOO – Appellant
Versus
MINATIBALA BEHERA – Respondent


JUDGMENT :

B.K. Patel, J. - In this writ petition, Petitioners have assailed the legality of order dated18.4.2002 passed by Additional District Judge, Fast Track Court No. 2, Bhubaneswar in Civil RevisionNos.26 of 2001 (12 of 2002) by which order dated 9.7.2001 passed by learned Civil Judge (Senior Division), Bhubaneswar in O.S. No. 190 of 1984-I rejecting Petitioner's application under Order 6 Rule 17 read with Section 151 of the CPC for amendment of written statement was confirmed.

2. Petitioners are legal heirs of Defendant No. 1 whereas opposite party Nos. 1 to 3 are legal heirs of the Plaintiff and opposite party No. 4 is the Defendant No. 2 in the suit. Government of Orissa in the General Administration Department has been impleaded as Defendant No. 3.

3. Defendant No. 1 being the lessee of the Government in respect of the suit land entered into registered agreement for sale dated 6.1.1973 with the Plaintiff for a consideration of Rs. 4,800/-. As per the agreement Defendant No. 1 received advance of Rs. 2,900/-, handed over possession of the suit land to the Plaintiff and undertook to execute registered sale deed within one year after obtaining requisite permission from the Stat




















































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