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1991 Supreme(Ori) 424

K.C.JAGADEB ROY
DOLAGOVINDA PRADHAN AND BASANTA KUMAR BISWAL – Appellant
Versus
BHARTRUHARI MAHATAB – Respondent


Advocates Appeared:
P. Palit, S.K. Sangneria, B. Pal, D. Mohanto, S.K. Satpathy, B. Mohanty, M.P. Mohapatra and D.P. Dhalasamanta, for the Appellant; A. Mukherjee, S. Das, S.P. Dhal and G. Mukherjee, for the Respondent

JUDGMENT :

K.C. Jagadeb Roy, J. - The Civil Revision Nos. 34, 40 and 46 of 1990 arise out of the common order dated 9-1-1990 passed in Original Suit No 48 of 1989 in the Court of the Subordinate Judge, First Court, Cuttack disposing of applications filed in the said suit. The said three applications are as follows:

(A) A petition under Order 11, Rules 12 and 14 read with Section 151 of the CPC filed by the petitioner for discovery and production of documents as per the list given in Annexure-X to the Civil Revision No. 39 of 1990 which is the same as Annexure-A to the petition u/s 276 of the Indian Succession Act.

(B) A petition under Order 16, Rule 5 read with Section 151, CPC calling for documents, the list of which is given in Annexure-Y of the Civil Revision No. 39 of 1990.

(C) The third application was filed for analogous hearing of Original Suit No. 48 of 1989 with Original Suit No. 831 of 1988, filed by the petitioner in Civil Revision. No. 46 of 1990 namely Basanta Kumar Biswal.

2. The short facts relating to the suit in question are stated below :

Dr. Harekrushna Mahatab died on 2-1-1987 leaving behind a Will in favour of his son Bhartruhari Mahatab, opp. party in all the revisi





































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