RAMA CHANDRA DAS Vs. SUDHIR KUMAR DAS

JUDGEMENT

(1.) THIS revision has been filed by the plaintiffs in O.S. No. 74 of 1983 -1 of the Court of Additional Munsif, Balasore, against an order passed by the learned Additional Munsif directing the plaintiffs to take return of the plaint under Order 7, Rule 10 -A of the Code' of Civil Procedure. At the stage of admission, notice of admission and hearing was sent to the opp. parties pursuant to which some of the opp. parties had appeared and contested the case.

(2.) THE plaintiffs in the aforesaid suit have .prayed for a declaration that certain sale deeds are sham, collusive and inoperative and for partition of schedules 'B' and 'C properties by metes andd bounds. The suit was valued at Rs. 1850/ - and fixed court -fee worth Rs. 22. 50 was paid thereon. The defendants appeared in different sets and filed separate written statement.

(3.) THE lower Court record was called for to appreciate the procedure adopted by the Munsif in disposing of the application purporting to be one under Order 14, Rule 2, CPC.