RAMA CHANDRA RANA Vs. PURUSOTTAM RANA

JUDGEMENT

(1.) IN this appeal, the appellants as defendant nos. 1 to 4 in the trial court have challenged the judgment dated 18.9.2008 passed by the learned Civil Judge (Senior Division), Jajpur in T.S. No. 12 of 1993 filed by the plaintiff decreeing the suit for partition preliminarily.

(2.) WITH reference to such genealogy, the plaintiff stated that one Giridhari Rana was the common ancestor of the parties except defendant no. 15. Giridhari had two sons, namely, Daitari and Mahi.

(3.) THE defendant nos. 1 to 4 contested the suit and filed their written statement pleading, inter alia, that the suit is not maintainable being barred by limitation and hit by principle of estoppels and res judicata. According to them, the plaintiff has no locus standi to file the suit as he and defendant nos. 16 to 18 are the issues of one Malati, who is not the second wife but a concubine of Arjuni. Therefore, they pleaded that the plaintiff and defendant nos. 16 to 18 have no interest over the suit properties, which admittedly consists of 14 (fourteen) lots.