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2001 Supreme(Ori) 456

M.PAPANNA
NABEENA CHANDRA SAHU – Appellant
Versus
DEBASIS SAHU – Respondent


Advocates Appeared:
Jagannath Patnaik, A.A. Das, R. Rath, B. Mohanty, T.K. Patnaik, S. Das and P.K. Nayak in C.R. No. 400/2000 and S.S. Rao, B.K. Mohanty, S. Patra and N.B. Patnaik, in C.R. No. 59/2001, for the Appellant; S.S. Rao, B.K. Mohanty, S. Patra and N.B. Patnaik, in C.R. No. 400/2001, for the Respondent

JUDGMENT :

M. Papanna, J. - The order dated 25.7.2000 passed by the learned Civil Judge (Senior Division), Aska in Title Suit No. 65 of 1997 is under challenge in Civil Revision No. 400 of 2000, preferred by the Plaintiff for rejecting his prayer for some amendment in the plaint and is also under challenge in Civil Revision No. 59 of 2001, preferred by the defendant for allowing Plaintiff's prayer for some other amendment in the said plaint.

2. The Plaintiff in the above sit is the petitioner and defendant in the said suit is the opposite party in Civil Revision No. 400 of 2000 and likewise the said defendant is the petitioner and the said Plaintiff is the opposite party in Civil Revision No. 59 of 2001.

3. Both the Civil Revisions having arisen out of the impugned order dated 25.7.2000 passed by the learned trial Judge in Title suit No. 65 of 1997, were heard analogously on the consent of the learned counsel for both the parties and are being disposed of by this common judgment.

4. Relevant facts necessary for determining the question in controversy in both the revisions are like this :

Plaintiff, who brought the above suit seeking a decree for partition of the suit properties morefuil













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