SARBESWAR PANDA Vs. BIBHABASU PANDA
HIGH COURT OF CALCUTTA
Referred Judgements :-
BITTAN DEVI V. RUDRA SEN BAJPAI
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B.C.Ray, J. -
(1.)This revisional application under Section 115, C. P. C. is directed against the order No. 105 passed on December 3, 1970 in Title Suit No. 53 of 1962 and it arises out of an application by the defendants Nos. 4, 5, 7 and 9 praying for directing the Commissioner for partition and separate allotment of their 1/4th share in respect of the suit property.
(2.)The opposite parties Nos. 1 to 4 as plaintiffs instituted the above suit for partition of their 4/5th share by metes and bounds out of l/4th share of Rameswar Panda alleging inter alia that the suit property originally belonged to one Tara Prosad Panda, a Hindu governed by Mitakshara School of Hindu Law who died leaving four sons namely Moheswar, Sarbeswar, Rameswar and Satyeswar each having l/4th share in the suit property. In the said suit all the other co-sharers have been impleaded as defendants Nos. 1 to 14 and the State of West Bengal has been impleaded as defendant No. 15. The defendant No. 15 alone contested the said suit on filing a written statement and the other defendants did not contest the said suit. The suit was dismissed by trial Court. Against the said judgment and decree the plaintiffs opposite parties 1 to 4 preferred Title Appeal No. 335 of 1963 which was allowed on contest with cost against the respondent No. 15, the State of West Bengal and ex parte against the other defendants and a preliminary decree declaring the plaintiff's 4/5th share out of l/4th share of Rameswar in the suit property was passed.
(3.)Thereafter, on the application of the plaintiffs a Commissioner has been appointed for effecting partition of the suit property by metes and bounds according to the preliminary decree. The Commissioner, it appears, has submitted his report.
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