MOHAMMED NASIR Vs. JADAB KUMAR SAHU

JUDGEMENT

(1.) THIS writ petition has been filed challenging the order dated 25.11.1997 passed by the learned Civil Judge (Junior Division), Bhadrak (Annexure -1) by which the application filed by the writ petitioners for their transposition as plaintiff as the original plaintiff abandoned the suit by filing application for withdrawal which had been allowed and against the order of the revisional Court dated 15.4.2004.

(2.) THE facts and circumstances giving rise to this case are that T.S. No. 12 of 1997 was instituted on 10.1.1997 by one Nabakishore Sahu in the Court of learned Civil Judge (Junior Division), Bhadrak against the present writ petitioners seeking relief of permanent injunction and not to permit them to raise any construction over the suit property, i.e., mouza Kuans Khata No.759, plot No.1445. Subsequently as an interim order had been passed by the competent authority under the OPLE Act, the plaintiff filed an application on 25.11.1997 before the trial Court to withdraw the suit. The trial Court allowed the plaintiff to withdraw the suit. However, it rejected the application of the present petitioners for transposing them as plaintiffs. Being aggrieved, Civil Revision No.49 of 1997 was preferred by the present petitioners which has also been rejected. Hence this petition.

(3.) IT is submitted by Mr. Mishra that the only application which could have been filed is one under Order 1, Rule 10, CPC and the application filed for transposition should have been treated as filed under Order 1, Rule 10, CPC. Therefore, both the orders are liable to be set aside.