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2004 (11) TMI 329 - SUPREME COURTWhether the decree obtained by the plaintiff against the defendant was capable of being enforced against the Corporation and the State of Orissa? Held that:- Allow the appeal. In the interest of justice is to accede to the plea of the appellant to give it a chance to defend the suit especially in view of the relevant clauses of the Amalgamation Order, 1991, by setting aside the orders impugned in this appeal and also by setting aside the ex parte decree and reviving the suit and by directing the trial court to try and dispose of the same afresh and in accordance with law, after bringing on record the Corporation, the Government of Orissa and TISCO, since the State had subsequently sold the assets to TISCO, and after giving the newly added defendants an opportunity to file their written statements, not inconsistent with the one already filed by the defendant. After giving of such an opportunity to the newly added defendants, it will be for that court to proceed with the trial and disposal of the suit in accordance with law.
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