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Giga
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CPC O 1, R 10

Smt.Rita Rani Mishra And Three … vs Sachidananda Badhei And Six ors. 115 (2013) CLT 81
C.R. Dash, J.

Title (eviction ) suit – Impleadment as Defendents –Petition allowed with direction to Plaintiff to take
necessary steps for necessary steps for adding the present Petitioners as Defendents –Petition allowed
with direction to Plaintiff to take necessary steps for adding the present Petitioners as Defendants
Written Statement filed was refused to be accepted –Writ petition –Irrespective of the nomenclature or
the provisions , under which a person has to take the character on the ground of which he has been
impleaded in their independent or personal capacity – They have been impleaded only on the ground
that they are left out legal representatives of deceased Defendant No. 1 –They can not depart from the
pleadings filed by the deceased Defendant & they cannot claim a right to file a contrary pleading on the basis of individual & independence title – No interference.(2012 (II) OLR 739),(AIR 1995 SC 1653).