LAWS(ORI)-1996-8-19

SATYANANDA SAHOO Vs. RATIKANTA PANDA

Decided On August 23, 1996
SATYANANDA SAHOO Appellant
V/S
RATIKANTA PANDA Respondents

JUDGEMENT

(1.) Being aggrieved by the order dated 12-7-95 passed by the learned Civil Judge (Senior Division) First Court, Cuttack in Title Suit No. 220 of 1995 whereby the said trial Judge accepted the suit as maintainable and declined to deal with the point of maintainability as envisaged under O. 7, R. 11 of the Code of Civil Procedure, the petitioner has approached this Court in the present revision.

(2.) The opposite party as plaintiff instituted the suit in the court of the Civil Judge (Senior Division) First Court, Cuttack with a number of prayers which are as follows :-

(3.) With regard to the cause of action, in para-39 of the plaint the plaintiff pleaded thus :-