SHYAMLATA AGRAWAL Vs. RAJ KUMAR SARAFF

JUDGEMENT

(1.) This revision under Sec. 115 of the C.P.C., 1908 has been filed by the petitioners against the Opposite Parties praying for setting aside the impugned order dtd. 26/12/2023 passed in C.S. No.01 of 2018 by the learned District Judge, Nuapada.

(2.) The petitioners and the Opposite Parties in this revision are the defendants and plaintiffs respectively in the suit vide C.S. No.01 of 2018 under Sec. 92 of the C.P.C., 1908 pending in the court of learned District Judge, Nuapada.

(3.) The factual backgrounds of this revision, which prompted the petitioners(defendants in the suit vide C.S. No.01 of 2018) for filing of the same is that, the Opposite Parties in this revision being the plaintiffs filed the suit vide C.S. No.01 of 2018 under Sec. 92 of the C.P.C., 1908 in the court of the learned District Judge, Nuapada against the defendants (petitioners in this revision) along with CMA No.3 of 2017 praying for granting leave to the plaintiffs for the institution of that suit under Sec. 92 of the C.P.C., 1908 against the defendants. After hearing from both the sides in CMA No.3 of 2017, the learned District Judge, Nuapada allowed that CMA No.3 of 2017 on dtd. 16/4/2018 under Sec. 92 of the C.P.C., 1908 of the plaintiffs granting the plaintiffs leave to institute the suit vide C.S. No.01 of 2018 under Sec. 92 of the C.P.C., 1908 against the defendants. On the basis of the said order passed on dtd. 16/4/2018 in CMA No.3 of 2017, the suit of the plaintiffs vide C.S. No.01 of 2018 was instituted against the defendants under Sec. 92 of the C.P.C., 1908.