Gokula@Gokula Chandra Biswal v. Ramakanta Biswal
Case brief
What is this about?
Plaintiffs challenged rejection of their application directing defendants to begin evidence in a partition suit. The High Court held that defendants pleading previous joint-family property and prior partition would fail if they adduced no evidence, so they must lead evidence first. Impugned order set aside and remitted for fresh adjudication.
What did the court decide?
Impugned order dated 07.10.2016 set aside; matter remitted to trial court for fresh adjudication of Order XVIII Rule 1 petition after hearing both sides; interim order vacated.
What the court decided
Signature Not Verified
Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Mar-2024 13:57:49
IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1665 OF 2016
Gokula @ Gokula Chandra Biswal and …. Petitioners others
Mr. Pravat Ranjan Sutar, Advocate
-versus-
Ramakanta Biswal and others …. Opp. Parties Ms. Mamata Mishra, Advocate (For Opp. Party Nos.1 to 3,7,8,11 & 14)
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
Issues for consideration
1 issue framed by the court
In a partition suit where defendants plead previous partition in the written statement, should the defendants begin by adducing evidence under Order XVIII Rule 1 CPC?
Parties & counsel
- petitioner
Gokula @ Gokula Chandra Biswal
- respondent
Ramakanta Biswal
Coram
K.R. Mohapatra
Case details
As recorded by the court registry
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