JUDGMENT

A.C. Behera, J.

This 2nd appeal has been preferred against the confirming judgment.

2. The appellant of this 2nd appeal was the defendant no.5 before the trial court in the suit vide M.S. No.34 of 1985 and the appellant was also the appellant before the 1st appellate court in the 1st appeal vide M.A. No.01 of 1998.

3. The respondent no.1 of this 2nd appeal was the sole plaintiff before the trial court in the suit vide M.S. No.34 of 1985 and he was the respondent no.1 before the 1st appellate court in the 1st appeal vide M.A. No.01 of 1998.

The respondent nos.2, 3 4 and 5 of this 2nd appeal were the defendant nos.1 to 4 before the trial court in the suit vide M.S. No.34 of 1985 and they were the respondent nos.2 to 5 before the 1st appellate court in the 1st appeal vide M.A. No.01 of 1998.

4. The suit of the plaintiff (respondent no.1 in this 2nd appeal) before the trial court vide M.S. No.34 of 1985 was a suit for damages and compensation.

5. The case of the plaintiff (respondent no.1 in this 2nd appeal) against the defendants (appellant and respondent nos.2 to 5 in this 2nd appeal) before the trial court in M.S. No.34 of 1985 was that, he (plaintiff) was a regular student of Int