LAWS(ORI)-1977-8-33

HAREKRISHNA SAMANTARAY Vs. TARA DIBYA AND ANR.

Decided On August 17, 1977
Harekrishna Samantaray Appellant
V/S
Tara Dibya And Anr. Respondents

JUDGEMENT

(1.) THIS revision is directed against an order of the Munsif, Jagatsinghpur allowing a petition under Order 33, Rule 1, Code of Civil Procedure.

(2.) PLAINTIFF filed Title Suit No. 77 of 1976 for declaration of title and permanent injunction against the Petitioner and another Natabar. The suit was filed in forma pauperis. A Court -fee of Rs. 321.75 was to be paid on the plaint and the Plaintiff contended that she had no other means excepting certain movables worth Rs. 80/ - only. In the counter, Defendant No. 2 who is the Petitioner in this civil revision contended that the Plaintiff, after death of her husband has succeeded to all the properties of her husband along with Defendant No. 2 who happens to be her son and she is in possession of about four acres of landed property worth about Rs. 15,000/ -. Besides the above property, she has also movable properties worth about Rs. 5.000/ -.

(3.) IT has been held in M.L. Sethi v. R.P. Kapur : A.I.R. 1972 SC 2379.