AKSHAYA KUMAR SAMAL Vs. GITIPUSPA SAMAL

JUDGEMENT

(1.) This writ petition has been filed by the defendant nos. 1 to 3 in C.S. No. 241 of 2010 pending before the learned Civil Judge (Senior Division), Jajpur, which has been filed by the opposite party no. 1 as plaintiff. The opposite party no. 1 has made on the following prayer in the suit:

(2.) The petitioners in this writ petition have sought for quashing the order dated 20.5.2010 by holding that the suit is not maintainable as there is no cause of action on the part of the plaintiff to file the present suit.

(3.) As per the genealogy given in the plaint, the plaintiff is the wife of defendant no. 3. Defendant no. 1 is the father and defendant no. 2 is the mother of defendant no. 3. Defendant no. 4 is the younger brother of defendant no. 1 and defendant no. 5 is the widow of the elder brother of defendant no. 1. Defendant nos. 6 and 7 are daughter and son of defendant no. 5.