HEMALATA PANDA @ DIBYA Vs. KUNTALA DEI
LAWS(ORI)-2021-4-4
HIGH COURT OF ORISSA
Decided on April 06,2021

Hemalata Panda @ Dibya Appellant
VERSUS
Kuntala Dei Respondents

JUDGEMENT

K.R. Mohapatra,J. - (1.) This appeal under Section 96 of the Code of Civil Procedure,1908 (for short 'C.P.C.') has been filed assailing the judgment dated 28th April, 1983 and decree dated 5th May, 1983 passed by learned Subordinate Judge, Jajpur in Money Suit No. 3 of 1981, whereby he decreed the suit in favour of the Plaintiff holding that the Plaintiff is entitled to recover Rs.5,950/- together with pendente lite interest and future interest @ 6% per annum on the principal amount from the defendants, who are jointly and severally liable to pay the decreetal amount.
(2.) The Defendants filed this appeal on 11th August, 1983 along with MJC No. 102 of 1983 under Order XLIV Rule 1 C.P.C. to prosecute the appeal as indigent persons. The said application was rejected vide order dated 28th March, 1990. Accordingly, this appeal has been registered as such (F.A. No. 121 of 1990) and the appellants paid the requisite court fees.
(3.) For the sake of convenience, parties are described as per their status before learned trial court. The Defendants are Appellants and the Plaintiff, namely, Pachei Nayak, is the Respondent No.1 in this appeal. During pendency of the appeal, the Respondent No.1 died and his successors have been substituted as Respondent Nos. 1(a) to 1(g) in his place. The Plaintiff filed Money Suit No. 3 of 1981 for recovery of Rs.5,950/- together with pendente lite interest and future interest at the rate of 12% per annum from the Defendants.;


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