BAMDEB MISRA Vs. LAXMI MALLA

JUDGEMENT

(1.) THIS is a revision against the appellate order of the Sessions Judge of Puri, under Section 476-B, Criminal Procedure Code, setting aside the order of the munsif of Puri directing the filing of complaint for the prosecution of the opposite party for an offence under Section 193, I. P. C.

(2.) THE petitioner who is a resident of Puri Town filed a Civil Suit (0. S. No. 1 of 1958.) in the Court of the Munsif of Puri against the Executive Officer of Puri municipality and others. In* the course of that suit the defendants namely Puri municipality filed a petition on the 30th August I960 praying for the issue of an injunction against the petitioner. The petitioner filed a rejoinder to that petition Ex. A dated 31-8-1960) alleging certain facts for the purpose of showing that injunction should not be issued. Then as directed by the Court by its order dated 1st September, 1960, he filed an affidavit on the 2nd September 1960 and gave a copy of the same to the defendant on the 3rd September 196o. In that affidavit he swore to the existence cf the following facts in respect of the lands in dispute in that litigation (See Ext. 5) :

(3.) TO the aforesaid affidavit the opposite party who t's a person working in the office of Pu'ri Municipality filed a counter affidavit on the 6th September 1960 in which almost everyone of the aforesaid allegations of fact were categorically denied (see Ext. 6 ). For instance the allegation In respect of the following were denied :