M/S.Hallmark Ornaments Pvt. Ltd vs Satyanarayan Dash @ Tarai
2021 Latest Caselaw 12676 Ori

                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   RSA No.189 of 2020

            M/s.Hallmark Ornaments Pvt. Ltd.      ....           Appellant
                                            Mr. D.K. Mohanty, Advocate
                                    -versus-
            Satyanarayan Dash @ Tarai             ....         Respondent
                             Mr. B.S. Tripathy, Advocate for the caveator

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                        ORDER

09.12.2021 Order No. I.A. No.374 of 2020

02. 1. In view of the Office note, the I.A. has become infructuous and is disposed of accordingly.

I.A. No.373 of 2020

2. This I.A. shall be considered at the time of final hearing of the appeal.

RSA No.189 of 2020

3. Heard Mr. D.K. Mohanty, learned counsel for the Appellant and Mr. B.S. Tripathy, learned counsel for the caveator.

4. On the consent of both the parties, the matter is heard on the question of admission under Order 41 Rule 11 C.P.C.

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

"(i) Whether, in absence of framing issue on a particular fact, raised by the Plaintiff and denied by Defendant, the fate of adjudication of the suit is affected?

(ii) Whether the issue that, the Plaintiff is the adopted son of Hari Tarai has been properly decided by the learned trial court in absence of any specific issue to that effect ?"

6. Issue notice to Respondent.

7. Since Mr. B.S. Tripathy, learned counsel accepts notice on behalf of Respondent, no notice need be served to the said Respondent. A copy of the appeal memo along with impugned judgments be served on him within a period of seven days.

8. List this matter on 23rd March, 2022 along with RSA No.211 of 2020 indicating the name of Mr. B.S. Tripathy, learned counsel for the Respondent in the cause list.

( B.P. Routray) Judge

B.K. Barik