KESHAB CHANDRA PATRA Vs. BISHNUPADA MISHRA

JUDGEMENT

(1.) THIS is a revisional application at the instance of the deft No. 1 and is directed against an order dated 2. 8. 80 passed in title Suit No. 201 of 1976 of the third court of the Munsif, at Tamluk by which the learned Munsif disposed of an issue in favour of the plaintiff opposite party No. 1.

(2.) THE plaintiff instituted the suit on 20. 9. 76 claiming himself to be sui juris. In paragraph 5 of the plaint the date of birth of the plaintiff, as pleaded, is 7. 4. 57. Subsequently the plaintiff filed an application for leave under Order 8 Rule 9 of the code of Civil Procedure enabling the plaintiff to file subsequent pleadings to state the date of birth to be 22. 4. 57 as per birth register. The leave having been granted by the Court below, the defendant No. 1 moved this Court in revision which was disposed of in December 1979. In disposing of the said Revisional application, the learned court below was directed to take up as a preliminary issue the question whether the plaintiff attained majority on or before She filing of the present suit,

(3.) THEREAFTER the matter went back to the court below and the learned Munsif took up issue No. 10 being the issue on the point for consideration. In disposing of this issue the learned Munsif referred the certified copy of the birth register of the plaintiff a sale deed dated 28. 2. 58 and two admission registers relating to the admission of the plaintiff in school (Vide Exts A and B ). Upon a consideration of those document the learned Munsif found. that the plaintiff had attained majority on the date of the filing of the suit and disposed of the issue in favour of the plaintiff being aggrieved, the defendant No. 1 moved the present revisional application and obtained the Rule.