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2022 Supreme(Ori) 332

D.DASH
Niranjan Sa – Appellant
Versus
Jayanti Sa – Respondent


Advocate Appeared:
For the Appellant :M/s. N.C. Pati, A.K. Das & B.Das (Advocates)
For the Respondent:Mr. S.P. Mishra, Sr. Advocate

JUDGMENT :

D. Dash, J.

The Appellant, by filing this Appeal, under Section-100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’), has assailed judgment and decree dated 29.01.2011 and 18.02.2011 respectively passed by the learned Adhoc Additional District Judge (FTC), Balangir at Patnagarh in RFA No.116 of 2007.

By the same, the Appeal filed by the present Appellant, being the unsuccessful Plaintiff, under section 96 of the Code has been dismissed and thereby the judgment and decree passed by the learned Civil Judge, Senior Division, Patnagarh in Title Suit No.65 of 2002 dismissing the suit filed by the present Appellant as the Plaintiff against the Respondents arraigning them as the Defendants therein, have been confirmed.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.

3. The Plaintiffs’ case is that one Ganda Sa had three sons, namely, Parameswar, Alekh and Gobardhan. The Plaintiff is the son of Gobardharn. Alekh being alive, has been arraigned as Defendant No.2. The Defendant No.1 is the wife of Alekh and Defendant No.3 is the daughter of Alekh.

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