KRUSHNA CHANDRA ROUT Vs. PHULARANI ROUT

JUDGEMENT

(1.) This is a defendant's appeal against confirming judgment.

(2.) Plaintiff-Respondent instituted the suit for specific performance of contract. The case of the plaintiff was that appellant as plaintiff instituted O.S. No.175 of 1967-I in the court of the learned Munsif, Bhadrak against one Banamali Rout. The suit was decreed. The decree-holder levied Execution Case No.5 of 1973. During pendency of the execution case, the judgment-debtor died.

(3.) The defendant entered contest and filed a written statement denying the assertions made in the plaint. The case of the defendant was that Ext.1 was a fraudulent one. The document was tailor-made. He had not executed any document in favour of the plaintiff.