GOPINATH DIXIT Vs. RAMA CHANDRA DIXIT

JUDGEMENT

(1.) THIS appeal under Order XLIII, Rule 1 of the Civil Procedure Code has been filed, inter alia, assailing the common judgment dated 20.9.2003 passed by the Civil Judge (Senior Division), Puri in Money Appeal No. 3/3 of 2000/1998 and Title Appeal No. 16/72 of 2001/1998.

(2.) BY the said judgment the Lower Appellate Court set aside the judgment and decree dated 29.7.1998 and 10.8.1998 respectively passed in Title Suit No. 185 of 1990 and Money Suit No. 80 of 1990 buy the Learned Civil Judge (Junior Division), Puri and remanded both the suits to the Trial Court for fresh trial with a direction to implead the third party petitioner in Title Suit No. 185 of 1990 and to re cast the issues consequent upon such the impletion.

(3.) THE defendant appeared and filed his written statement challenging the maintainability of the title suit and specifically pleaded that the plaintiff had no cause of action to bring the suit. The averments with regard to plaintiff's adoption by the defendant were stoutly denied so also the averments with regard to the performance of different ceremonies. On the whole in the written statement the defendant strongly repudiated all the averments made in the plaint and alleged that he had, at no point of time, adopted the plaintiff as his son. It was further averred that the plaintiff was the son of the elder sister of the wife of the defendant. After marriage of the plaintiff, disputes cropped up between the plaintiff and his brothers. Finding it difficult to reside in the joint family with his brothers, the plaintiff separated himself from them and requested the defendant to let out a portion of his residential building on monthly rent. The defendant in order to help the plaintiff let out a portion of his house on a monthly rent of Rs. 50/ . Since the plaintiff failed to pay rent the defendant had also filed a Money Suit vide Money Suit No. 80/1990 for realisation of arrear rent from the plaintiff. It was further pleaded by the defendant that he adopted one Gadadhar Mohapatra and after adoption he executed a Wiil in his favour.