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1979 Supreme(Ori) 177

P.K.MOHANTI
CHINTAMANI MAHASUAR – Appellant
Versus
KASINATH MAHASUAR – Respondent


Advocates Appeared:
B.K. Mohanty, for the Appellant; S. Mantry, S. Misra (2), B. Das and K.K. Rath, for the Respondent

JUDGMENT :

P.K. Mohanti, J. - This revisional application is directed against an order rejecting the Petitioners prayer for being added as parties to the suit under the provisions of Order 1, Rule 8, Sub-rule (3), Code of Civil Procedure.

2. Opposite parties 1 to 5 filed O.S. No. 134 of 1977 on their own behalf and as representing the Suars and Mahasuars of the Suar-Mahasuar Nijog of the temple of Lord Jagannath. The suit is for declaration that the Suars and Mahasuars of the Nijog are jointly entitled to get 20 items of Kheis for the services rendered by them to the temple and that the orders passed by the Administrator of the jagannath Temple and the Appeal Committee on 4-9-1964 and 10-8-1977 respectively are void and illegal. Opp. party No. 7 is a Mahasuar of the Temple. He has been sued for self and as representing the Mahasuars who have joined hands with him in disputing the right of the Nijog to get the Kheis. The suit was filed on 12th December, 1977 and the requisite permission of the Court was obtained under Order 1, Rule 8, Code of Civil Procedure. After the suit was posted for pre-emptory hearing in pursuance of the direction issued by this Court in Misc. Appeal No. 79 of





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