BIBHUTI BHUSAN MOHANTY Vs. JAGABANDHU MOHANTY

JUDGEMENT

(1.) This petition challenges the order dated 15.9.2018 passed by the learned 2nd Additional Civil Judge (Sr.Division), Bhubaneswar, whereby and whereunder, learned trial court has impleaded one Jagabandhu Mohanty as defendant.

(2.) The plaintiff-petitioner instituted the suit for declaration of title, for declaration that the order dated 10.10.2013 passed by the Commissioner of Endowment in O.A.No.3 of 2009 is illegal and permanent injunction. During pendency of the suit, one Jagabandhu Mohanty filed an application under Order 1 Rule 10 C.P.C. to implead him as a party. It is stated that he is the successor of the recorded marfatdar of deity Sri Sri Swapneswar Dev bije Pratapsasan. He filed O.A.No.3 of 2009 before the Commissioner of Endowments under Section 25 of the Orissa Hindu Religious Endowments Act, 1951. Thus he is a necessary party to the suit. The same was objected by the plaintiff. Learned trial court allowed the same.

(3.) Mr.S.K.Ray, learned Advocate for the petitioner submits that the intervenor is neither necessary or proper party. He is not the successor of marfatdar. He has no interest in the deity property.