SMT. DAMAYANTI PANDA Vs. BIJOY TANTI

JUDGEMENT

(1.) The appeal under section 100 of the Code of Civil Procedure (for short, called as "Code") has been filed by one of the unsuccessful defendants of T.S. No.7 of 2002 on the file of the learned Civil Judge, Senior Division, Rourkela.

(2.) It is pertinent to state here that the original plaintiff no.1, Birbal Tanti having died during the suit, the present respondent nos. 1 and 2 have come to be substituted and pursued the suit as also contested the appeal joining with other plaintiffs, who are the legal heirs of Manobadh Tanti. It may also be stated here that a daughter of Birbal has been arrayed as a defendant as she had not joined with the other legal heirs of the deceased-plaintiff no 1.

(3.) For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial Court.