FAKIR MOHAN SATPATHY Vs. BIGHNESWAR SWAN & ANOTHER

JUDGEMENT

(1.) Defendant no.2 is the appellant against a reversing judgment.

(2.) Plaintiff-Respondent no.2 instituted the suit for declaration that the decree passed in T.S. No.126 of 1978 is illegal, notification issued pursuant to the decree passed in Title Suit No.126 of 1978 as null and void, declaration that the name of the labour colony is Khapuria Labour Colony and permanent injunction. Case of the plaintiff is that Khapuria Labour Colony is situated at Village-Khapuria. The inception of the colony relates back to the year 1955. People worked in the small industrial units in the industrial estate at Khapuria were living there. The colony spread over some vacant lands in Nuapada village. Government of Orissa in its Labour Department took a decision to name the labour colony as Khapuria Labour Colony. The people of Nuapada are in no way concerned with the Labour Colony. On 15.3.1979, the plaintiff came to know that Fakir Mohan Satpathy, defendant no.2 herein, representing the inhabitants of village Nuapada has filed Title Suit No.126 of 1978 in the court of Munsif, Cuttack to set aside the decision of the State of Orissa in changing the name of Khapuria Labour Colony to Nuapada Labour Colony. The State of Orissa in collusion with the plaintiff did not contest the suit and was set ex parte. The suit was hit under Sec.34 of the Specific Relief Act (in short, "the Act") . The Civil Court had no jurisdiction to entertain the suit.

(3.) Defendant no.1 entered contest and filed a written statement denying the assertions made in the plaint. It was pleaded that by order dated 29.2.1968 of the Labour, Employment and Housing Department, Government of Orissa, the old name of Khapuria Labour Colony was renamed as Nuapada Labour Colony. There was no collusion between the plaintiff and the State of Orissa in the earlier suit. The change of name from Khapuria Labour Colony to Nuapada Labour Colony would not affect the administration of Government or any scheme of the Government for improvement of the industrial labourers.