PRAVA SINHA Vs. BHABATOSH SINHA

JUDGEMENT

(1.) In this writ petition, the Petitioner calls in question the order dated 26.9.2008 passed by the learned Civil Judge (Senior Division) 1st Court, Cuttack in C.S. No. 375/2002 rejecting the petition filed by the Petitioner under Order XV, Rules 1 and 2 read with Section 151 of Code of Civil Procedure

(2.) Shorn of unnecessary details the facts leading to filing of this writ petition is that the Petitioner as Plaintiff filed C.S. No. 375/2002 before learned Civil Judge (Senior Division) 1st Court, Cuttack for declaration of her title and interest over the suit property as described in the plaint, wherein opp.parties 3 to 7 were arraigned is proforma Defendants. On being noticed, all the Defendants appeared before the Court below and filed their respective written statements. Except Defendant Nos. 1 and 6, all the Defendants pleaded that they had no objection for passing a decree in favour of the Plaintiff-Petitioner. Though Defendant No. 2 raised a counter claim in his written statement, he did not press the same.

(3.) On 10.12.2004, the Plaintiff-Petitioner filed a petition under Order XV, Rules 1 and 2 read with Section 151 of Code of Code of Civil Procedure with prayer to pronounce the judgment against Defendant Nos. 2 to 5 and 7, since they admitted her case in their written statements and further stated that they had no objection if a decree is passed in her favour.