LALITA BEHERA Vs. JAYADEV BEHERA

JUDGEMENT

(1.) The appeal under section 96 of the Code of Civil Procedure (for short, called as "Code"), as at (A), has been filed by the plaintiff challenging the judgment and preliminary decree in civil Suit No. 449 of 2002 passed by the learned Civil judge, Senior Division, Cuttack.

(2.) 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.

(3.) The plaintiff's suit is for a declaration that Jayadev Behera (defendant No.1) is not the son of late Brahmachari Behera and as such, has no right to succeed to the properties of said Brahmachari and interfere with the rights of plaintiff and others in respect of the suit schedule properties. The alternative prayer is for partition of the suit properties between the plaintiff and defendants in the event of a finding that the defendant No.1 is the son of Late Brahmachari