KABITA BISWAL Vs. NIASI BISWAL

JUDGEMENT

(1.) Heard This application under Section 24. C.P.C. has been filed by the petitioners who figure as defendant Nos.6 and 7 in Title Suit No.54 of 2002 pending in the Court of Civil Judge (Senior Division), Nayagarh. The opposite party is the plaintiff in that suit.

(2.) It is not in dispute between the parties that plaintiff is the mother of late Jogeswar Biswal who while working in Air Force died on 11.2.2002. The petitioners/defendant Nos. 6 and 7 are the wife (widow) and son of said Jogeswar Biswal. Defendant Nos. 1 to 5 are the officials in the Ministry of Defence and Air Force. Plaintiff has filed the suit inter alia for injuncting defendant Nos. 1 to 5 not to make payment of all service benefits, Death cum- retirement benefits of late Jogeswar Biswal to defendant Nos.6 and 7 and she has claimed l/3rd share in such service and Death-cum- retirement entitlements.

(3.) It is also the admitted fact that plain- tiff/opposite party resides in village Nimapatna and the defendant Nos. 6 and 7 are at present residing at village Balakatti. Plaintiff is an old lady aged about 65 years whereas the defendant No. 6, is aged about 28 years and defendant No. 7 is a child aged about 2 years.