Unknown vs ) Whether The 1St Appellate Court ...
2021 Latest Caselaw 3575 Ori

                            SAO NO. 6 OF 2019




3.   15.03.2021             Mr. Mohanta, learned counsel for the Appellant files a
                  memo in Court today along with certified copy of the order
                  sheet dated 15.10.2021 passed by learned Civil Judge (Senior
                  Division), Bhanjanagar in T.S. No. 29 of 1998, which is taken
                  on record.

                            Heard.

                            Admit.

                            The substantial questions of law to be determined in
                  this appeal are:

                            1) Whether the 1st Appellate Court is justified
                               in exercising power under Order 41 Rule 23-
                               A of the Code of Civil Procedure in absence
                               of any enquiry under Order 22 Rule 5
                               C.P.C.?

                            2) Whether    the   Defendant-Respondent       is
                               entitled to raise the plea that Uma Charan
                               Mohanty died leaving behind his two
                               daughters, in view of the fact that he had
                               never objected to the memorandum dated
                               05.11.1999 filed by the Plaintiff to abate the
                               appeal against Uma Charan Mohanty as he
                               died issueless and to delete his name?
                                                  2

                            Issue notice to the sole Respondent by Registered Post
                   with A.D. fixing a short returnable date.

                            Requisites shall be filed by 17th March, 2021.

                            Put up this matter under the heading "Order XLI Rule
                   11 C.P.C." immediately after the S.R. is back indicating that the
                   matter may be disposed of at the stage of admission.


                                                 .................................
                                                  K.R. Mohapatra, J.

I.A. No. 12 of 2019 4 15.03.2021 Heard.

Issue notice as above.

Accept one set of process fee. In the interim, there shall be stay of operation of the judgment dated 21st January, 2019 passed by learned Addl. District Judge, Bhanjanagar in RFA No. 20 of 2017 till the next date.

Urgent certified copy of this order be granted as per rules.

................................. K.R. Mohapatra, J.

bks