NARAYAN CHANDRA BHANJA BIRABAR JAGADEV Vs. STATE OF ORISSA
LAWS(ORI)-1973-4-20
HIGH COURT OF ORISSA
Decided on April 02,1973

NARAYAN CHANDRA BHANJA BIRABAR JAGADEV Appellant
VERSUS
STATE OF ORISSA Respondents

JUDGEMENT

- (1.) THE plaintiff is the appellant having lost his suit in both the Courts below.
(2.) THE suit was for a declaration that the entries in respect of the suit properties in anabadi Khata Nos. 479, 480 in Gar Haladia and No. 967 in mouza Kuaput are null and void and for correction of the record of rights by recording the plaintiff as sthitiban raivat in respect of the same.
(3.) AT the time of hearing of this Second Appeal Mr. Patnaik. Additional government Advocate for the State raised a plea of non-maintainability of the suit on the ground that Section 80, Civil P. C. has not been complied with, namely, the plaint did not contain a statement that a notice under Section 80, Civil P. C. has been served. Thereupon, Mr. Pal filed an application for amendment of the plaint by inserting a clause stating that notice under Section 80, Civil P. C. against the defendant acting through its officer has been issued and delivered to the defendant as prescribed under Section 80. Civil P. C. After hearing ob-jection, this amendment was allowed and the State was reauired to file additional written statement. The additional written statement was filed in the Court and thereafter the Second Appeal was again taken up for hearing.;


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