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2019 Supreme(Ori) 458

A.K.RATH
Ramakanta Sahoo – Appellant
Versus
Jagannath Sahoo – Respondent


Advocates Appeared:
Mr. G.N. Rout, Advocate, for the appellant; Mr. P.C. Sahu, Advocate, for the Respondent
Cases Referred
Janaki Das vs. Sidheswar Das, (2017) AIR CC 2319 ORI

JUDGMENT

A.K. Rath, J. - By this petition under Article 227 of the Constitution, challenge is made to the order dated 24.03.2017, passed by the learned Civil Judge (Senior Division), Nimapara, in I.A. No. 157 of 2016, whereby and whereunder, learned trial Court suo moto impleaded the Manager, Punjab National Bank, Gop as a party to the suit.

2. Umakanta Sahoo, predecessor-in-interest of petitioner nos.2 to 5 and petitioner nos.1 and 6 to 8, instituted the suit for partition. Defendant no.1-opposite party no.1 filed an application for a direction to the Manager, Punjab National Bank to pay rent to the parties in three equal shares. By order dated 23.02.2017, learned trial court observed that the Branch Manager, Punjab National Bank is not a party to the suit. In his absence, no direction can be issued. Held so, it directed defendant no.1 to implead the Manager, Punjab National Bank as a party.

3. The plaintiff filed an application to recall the said order. By order dated 24.03.2017, learned trial court held that relief has been sought for by defendant no.1 against the Manager, Punjab National Bank, Gop. Held so, it rejected the application. Heard Mr. G.N. Rout, learned counsel for th

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