BHAGABAT ROUT Vs. SUDARSAN ROUT

JUDGEMENT

(1.) THIS civil revision is directed against the Order Dated 06.11.1998 passed by the Civil Judge (Senior Division), Athagarh in T.S. No. 7 of 1996 overruling the objection raised by the Plaintiffs.

(2.) PLAINTIFF -Petitioners filed T.S. No. 7 of 1996 in the Court of Civil Judge (Senior Division), Athagarh for declaring that Defendant No. 2 is not the adopted son of Defendant No. 1 and that the gift deeds executed by Defendant No. 1 is null and void with a further prayer to depute a Civil Court Commissioner to carve out the shares of the Plaintiffs over the suit lands.

(3.) MR . Das, Learned Counsel for the Plaintiff -Petitioners submitted that the impugned order overruling the objection raised by the Plaintiff -Petitioners is illegal, erroneous and liable to be set aside. He further submitted that the rule of pleading requires that Defendant -Opposite Parties must raise in their pleadings all matters, which would show that the suit would not be maintainable.