UPENDRA KUMAR DHAL Vs. BICHHAMALI DHAL AND ORS.

JUDGEMENT

(1.) ALL these above three appeals have been heard together for their disposal by this common Judgment. Learned Counsel appearing for the parties having no objection for analogous hearing advanced their submissions accordingly. First Appeal No. 227 of 1978 arises out of the Title Suit No. 59 of 1975 of the Court of the Learned Subordinate Judge, Dhenkanal (as it was then) filed by the Appellant as the Plaintiff for partition & other reliefs.

(2.) IT is pertinent to mention here that all the above noted suits along with another suit bearing Title Suit No. 20 of 1977 of the Court of the Learned Subordinate Judge, Dhenkanal (as it was then) were heard analogously & disposed of accordingly. No appeal has been filed challenging the decision in Title Suit No. 20 of 1977 by any of the parties to the said suit & the Appellant claims to have not been aggrieved by the ultimate result of the suit, & thus has not filed any appeal. It is worthwhile to note that FA. Nos. 237 of 1993 & 238 of 1993 have been received by this Court on transfer from the Court of the District Judge, Dhenkanal whereas FA. No. 227 of 1978 was from the very beginning filed in this Court Above four suits, i.e., Title Suit Nos. 59 of 1975, 11 of 1975, 81 of 1975 & 21 of 1977 were heard analogously in the Court below & disposed of by Judgment dated 30.06.1978. The reason is that most of the parties to Title suit No. 59 of 1975 are the parties to the other suits & the important issues in all these suits standing for determination remain the same & the answer to the same have the effect of final determination of the fate of all the suits without going to answer any other issues. The vital issue concerns with status as well as the locus standi of the Appellant in bringing the suit & thus having right over the subject matter. So, the Trial Court has recorded one set of evidence & has taken up hearing of all the suits giving opportunity to all 'the parties & one set of issues have been framed of course going through to the pleadings of all the suits.

(3.) LET us now state the facts giving rise to individual suits.