JUDGMENT :

S.K. Mishra, J. - The most important question that arises in this case for consideration is, whether the Learned Courts below have acted contrary to law in not permitting the Appellant to contest the suit as Khageswar Biswal, as according to him, he has been wrongly described as Khageswar Behera in the plaint.

2. The Plaintiff filed the suit for declaration to the effect that Defendant No. 1 described as Khageswar Behera, son of late Narendra Behera of Gobanga is the adopted son of said Narendra Behera & has no right, title or interest in the property left by late Dinabandhu Biswal. For better appreciation of the case, the Genealogy is reproduced below:

I-Genealogy

Dinabandhu Biswal

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Parameswar Maheswar Khageswar Achutananda

Brahmananda W-Manika (Adopted) W-Suka

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Rabi Kabi Chhabi Gandu Panchu

II-Genealogy

Ananda Behera

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Narendra Gangadhar

W-Pitei Saria

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Khageswar Hrusikesa

On institution of the suit, notices were issued. It may be not