ANANGA UDAY SINGH DEO Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) In course of hearing, Mr. Pradhan, learned counsel for the Petitioner submits that at Para-10 of the Written Statement (Page-50) it has been specifically stated that the Plaintiff has acknowledged the partition dtd. 1/4/1975 and thereafter on 11/2/1976. The Wealth-tax Returns of the Plaintiff's brothers and sisters were also being filed on the basis of the said partition.

(3.) The Defendants also relied upon the Wealth-tax Returns of the Plaintiff for the year 2004-05. When the Plaintiff expressed his ignorance about filing of the Wealth-tax Returns acknowledging the partition in the year 2004-05 in his cross-examination and also denied the suggestion of Defendant No.1-Petitioner to the effect that he had not filed any return acknowledging the partition, an application under Order XIII Rule 10 CPC was filed.