Laxmi Kumari Mallick vs Gobinda Chandra Sahoo And Others
2021 Latest Caselaw 12455 Ori

                           IN THE HIGH COURT OF ORISSA AT CUTTACK

                                        RSA No.127 of 2020

                 Laxmi Kumari Mallick                      ....           Appellant
                                                           Mr.N.K.Sahu, Advocate
                                         -versus-
                 Gobinda Chandra Sahoo and others           ....            Respondents


                              CORAM:
                              JUSTICE B. P. ROUTRAY

                                             ORDER

3.12.2021 Order No.

3. 1. Heard Mr.Sahu, learned counsel for the Appellant.

2. The appeal is admitted on the following substantial questions of law.

"(i) Whether the learned first appellate court was right in setting aside the trial court judgment on the ground of death of defendant prior to commencement of the argument, or the legal course would be to remand back the matter to the learned trial court for taking appropriate steps for substitution and for fresh adjudication ?

(ii) Whether the marfatdar has the right to enter into agreement for sale in respect of the property of a private deity ?

3. Issue notice to the Respondents by registered post with A.D. for which requisites shall be filed within seven days.

4. List on 25th April, 2022.

( B.P. Routray) Judge C.R.Biswal