Ramani Ranjan Mohanty vs W.V. Raja
2021 Latest Caselaw 11558 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                SAO No.4 OF 2021

            Ramani Ranjan Mohanty                    ....            Appellant
                                                    Mr. P.Ku. Rath, Advocate
                                         -versus-
            W.V. Raja                                ....          Respondent


                        CORAM:
                        MR. JUSTICE D.DASH
                                     ORDER

11.11.2021 Order No.

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

Heard Mr. P.K. Rath, learned counsel for the Appellant in the matter of admission.

Perused the judgments passed by the courts below.

The Appeal is admitted on the following substantial questions of law:

1) Whether the Lower Appellate Court has fallen in error of law in entertaining the First Appeal under section 96 of the Code of Civil Procedure filed by the Respondent (Defendant No.2) in questioning the finding/observation of the Trial Court in its judgment when he has not been affected by the result in the suit standing dismissed?; and

// 2 //

(2) Whether the Lower Appellate Court has failed to appreciate the judgments cited on the question of maintainability of the Appeal in their proper perspective and as such the impugned judgment is vitiated?"

Issue notice to the Respondent by registered post with A.D. Steps be taken within a week hence. In that event notice be issued, fixing a short returnable date.

List this matter on 17th December, 2021.

(D. Dash), Judge.

ORDER 11.11.2021 I.A. No. 26 of 2021 Order No.

03. Heard.

Issue notice as above.

One set of process fee be accepted.

As an interim, it is directed that there shall be stay of the operation of the judgment passed by the learned 2nd Additional District Judge, Ganjam, Berhampur in RFA No. 27 of 2018 and further proceeding before the Trial Court pursuant thereto until further order.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Aks