SREEDHAR PANI Vs. STATE OF ORISSA
HIGH COURT OF ORISSA
STATE OF ORISSA
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P.K.Mohanti, J. -
(1.) This revisional application is directed against an order allowimg an application under Order 1, Rule 10 Code of Civil Procedure filed by opposite parties 4 to 16 for being impleaded as defendants in the suit.
(2.) The petitioners as plaintiffs brought Title Suit. No. 7 of 1977 against opposite parties 1 to 3 for declaration of title to the suit land and for a permanent injunction restraining them from interfering with their possession. It was alleged that by the alluvial action of the river Paika there was accretion to the rayati holding of the plaintiffs to an extent of 17 acres and the plaintiffs are entitled to the accreted land as an increment to their tenure. Opposite parties 4 to 16 filed an application under Order 1, Rule 10 Code of Civil Procedure for being impleaded as parties to the suit alleging that they had taken temporary lease of the suit land from the Tahasildar, Kujang and after expiry of the lease they have been continuing in possession of the land and have also constructed a house thereon. The application was opposed by the plaintiffs. They denied the allegation that the opposite parties 4 to 16 were continuing possession of the lands after expiry of the annual lease in their favour.
(3.) The learned Munsif came to hold that the petitioners and opposite parties 4 to 16 have been quarrelling over the possession of the suit lands since last few years; that it was just and proper to decide the suit in presence of opposite parties 4 to 16 so as to avoid multiplicity of proceedings and that prima facie the opposite parties 4 to 16 are necessary parties to the suit. Upon such findings, he directed the petitioners to implead opposite parties 4 to 16 as defendants in the suit.;
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