Batakrushna Lenka & Another vs Secretary
2021 Latest Caselaw 12610 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 FAO NO. 87 OF 2021


            Batakrushna Lenka & Another              ....           Appellants
                                                     Mr. S.S. Jena, Advocate
                                     -versus-
            Secretary, G.A. Department &             ....          Respondents
            Others
                                                          Mr. G.N. Rout, ASC.

                      CORAM:
                      MR. JUSTICE D.DASH
                                        ORDER

Order No.                               07.12.2021

   02.      1.      This matter is taken up through hybrids arrangement
            (virtual/ physical) mode.
            2.      Heard.

3. The Appellants have filed this Appeal under order-43 rule 1(r) of the Code of Civil Procedure (for short hereinafter called 'the Code'), 1908, in assailing an order dated 22.03.2021 passed by the learned Civil Judge, Bhubaneswar in I.A. No.01 of 2020 arising out of C.S. No.1733 of 2020 in the matter of an application under order-39 rule-1 & 2 read with section-151 of the Code. This Court having no jurisdiction to entertain the Appeal under section-96 of the Code as against the judgment and decree as would be passed in C.S. No.1733 of 2020; the present Appeal challenging the impugned order does not lie before this Court.

4. In that view of the matter, the FAO stands dismissed.

Issue urgent certified copy as per rules.

// 2 //

Certified copy of the impugned order be returned to the learned Counsel for the Appellant upon substitution of self- attested photocopy of the same.

(D. Dash), Judge.

Narayan