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Judgment
Arindam Sinha, J
CRP No.7 of 2022 and I.A. No.8 of 2022
Mr. Samal, learned advocate appears on behalf of petitioner and submits, his client seeks revision against order dated 31st January, 2022 made by Court of Senior Civil Judge, Odagaon in the suit, rejecting his client’s application under order VII rule 11 (d) in Code of Civil Procedure, 1908. He submits, the suit is barred since previous suit by the father of plaintiff was withdrawn, without leave to file afresh. The cause for declaration of plaintiff in the suit was the cause in the previous suit. Declaration sought is that ROR created in favour of petitioner (defendant no2) may be declared as ineffective. Plaintiff’s father had sold to petitioner. The suit was withdrawn without leave to file afresh. The son has filed suit seeking the declaration but paying Court fee only on a suit for partition.
Issue notice on opposite parties 1 and 2, who Mr. Samal submits, are plaintiffs in the Court below. Petitioner will put in requisites. Till disposal there will be stay of proceeding in C.S. no.209 of 2020 (Basant Kumar Das and another vs. Santosh Kumar Dash and others), pending in Court of Senior Civil Judge, Odagaon.
The I.A. is disposed of.
List on 4th April, 2022.
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