SK. ABDUL SATTAR Vs. RAMIJA BIBI AND ORS.

JUDGEMENT

(1.) THE Plaintiff in Title Suit No. 241 of 1984 in the, court of the Subordinate Judge, First Court, Cuttack is the Petitioner in this revision. In the suit the Plaintiff claimed partition of the suit property against the Defendants. Defendant No. 1 is the mother, Defendant Nos. 2 to 5 are brothers and Defendants No. 6 is the sister. Defendant Nos. 2 and 6 filed their joint written statement in the case and rest of the Defendants filed their individual written statements. The main plea taken by the Defendant in the; written a statement was that, the father of the Plaintiff who is now dead and executed a document dated 30 -11 -1966 which the Defendants treated as deed of partition and urged that pursuant to this deed which was agreed upon amongst the parties, the Plaintiff had been given the possession of a piece of land measuring 5' in width and 5' in breadth. In view, of this earlier partition, there was ho question of any further partition of the property's claimed by the Plaintiff. The father of the Plaintiff admittedly died on 25th of February, 1967. According to the Defendants the validity of the document dated 30 -11 -1966 which is also now challenged by the Plaintiff is hit by res judicata as in T.S, 72 of 1967 between the parties the document was held to be valid. In the alternative the Defendants claimed that they acquired title to the land by way of adverse possession being in possession of the land for more than the statutory period adverse to the interest of the Plaintiff.

(2.) DURING the pendency of the suit, the Plaintiff had' filed an application under Order 11, Rule 1, Code of Civil Procedure for leave of the court to deliver interrogatories to Defendant Nos. 2 and 6 with direction to answer them within a period of 10 days from the date of notice of the interrogatories, which are as it follows:

(3.) IN a case reported in (Jamaitrai Bishansarup v. Rai Bahadur Motilal Chamaria : : AIR 1960 Cal. 536. the court held as follows: