Gadadhar Jena & Others vs Smt. Supriti Sengupta & Others
2021 Latest Caselaw 12631 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                           RSA NO.16 OF 2014
            Gadadhar Jena & Others                 ....          Appellants
                                           Mr. G.S. Namtoar, Advocate

                                     -versus-
            Smt. Supriti Sengupta & Others           ....         Respondents

                                          Mr. M. Sinha, Advocate

                       CORAM:
                       MR. JUSTICE D.DASH
                                       ORDER

08.12.2021 Order No. I.A. Nos.503, 504 & 505 of 2018

3. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

These applications have been filed for substitution of the legal representatives of Respondent No.3 (Defendant No.7) by setting aside the abatement and condoning the delay.

Heard.

Learned counsel for the Appellants submits that this Respondent No.3 who was the Defendant No. 7 in the court below had neither filed any written statement nor contested the suit and there is no clash of interest in respect of the suit property between these Appellants and that of the Respondent No. 3 (Defendant No.7). He further submits that said Respondent No. 3 (Defendant No.7) had also not appeared in the First Appeal. However, it is submitted that as a measure of abundant caution, the above noted applications have been filed.

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Keeping in view of the submission made, this Court for the time being exempts the Appellants from substituting the legal representatives of Respondent No.3 (Defendant No.7).

The I.As. are disposed of.

(D. Dash), Judge.

                                     ORDER
                                    08.12.2021
Order No.                       RSA No.16 of 2014

4. Although no formal application for exemption of court fee has been filed, it has been stated in the Memorandum of Appeal and submitted that these Appellants are exempted from paying the court fees as they belong to Scheduled Caste community in view of the Govt. Notification vide SRO No. 575/94. A copy of caste certificate has been filed and relied upon for the purpose.

Learned counsel for the State under instruction submits that the Appellants are members of Scheduled Caste community.

In view of the above, the Appellants are exempted from paying the court fees for this Appeal.

On consent of the learned counsel for the Appellants, he is heard.

Learned counsel for the Respondent No. 1 on advance appearance is absent.

Taking into account the submission made and on going through the judgments passed by the courts below; in order to make an endeavour for disposal of this Appeal

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at the stage of admission, it is directed the matter be listed on 18th January, 2022. In the meantime, copy of the Memorandum of Appeal be served upon learned counsel for the Respondent No.1

(D. Dash), Judge.

Aks