LAWS(ORI)-1985-12-15

TRINATH SAHU Vs. MAHANT SRI RADHAMOHAN DAS

Decided On December 20, 1985
Trinath Sahu Appellant
V/S
Mahant Sri Radhamohan Das Respondents

JUDGEMENT

(1.) JURISDICTION of the Court to exercise its inherent power under Section 151 of the Code of Civil Procedure to recall an order permitting abandonment of a suit under Order 28, Rule 1. C P.C., is the subject -matter of this Civil Revision at the instance of defendant.

(2.) IN village Bamanpur, there is an aided educational institution named Chinisilpa High School, Bamanpur. Under Section 7 of the Orissa Education Act, 1969, such an institution is required to have a Managing Committee. Dispute in respect of such Managing Committee is the subject -matter in Title Suit No. 91 of 1983. Where the reliefs sought for are as follows :

(3.) THERE is no dispute that the withdrawal of the suit is under Order 23, Rule 1. C. P. C., which reads as follows :