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2019 Supreme(Ori) 226

A.K.RATH
Corporation Bank, Represented Through Chief Manager, Bhubaneswar Main Branch – Appellant
Versus
Sailabala Pradhan – Respondent


Advocates:
Advocate Appeared:
S.D. Das, Adv., S.S. Das, Adv., R.K. Sahoo, Adv., K.C. Mohapatra, Adv.

JUDGMENT :

A.K. RATH, J.

1. By this petition under Article 227 of the Constitution of India, challenge is made to the order dated 31.3.2018 passed by the learned Civil Judge (Sr.Division), Angul in C.S.No.358 of 2014, whereby and whereunder, learned trial court has rejected the application of defendant no.11-petitioner for amendment of the cause title of the petitions under Order 1 Rule 10 CPC and Order 7 Rule 11(d) CPC.

2. Plaintiff-Opposite party no.1 instituted the suit for partition and permanent injunction impleading the defendants-opposite party nos.2 to 11. By order dated 8.1.2015, learned trial court directed the parties to maintain status quo over the suit property. Pursuant to issuance of summons, the defendants appeared. On the basis of a joint memo filed by the parties, learned trial court directed the parties to maintain status quo over the suit property till disposal of the suit.

3. Thereafter, the petitioner-bank filed an application under Order 1 Rule 10 CPC for impleadment stating inter alia that defendant nos.1, 6 and 10 had availed a loan from the bank and created equitable mortgage in respect of a part of the suit schedule property in favour of the petitioner-bank.

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