Sri Gyanaranjan Swain And Others vs Subash Swain And Another
2021 Latest Caselaw 11705 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     RSA No.68 of 2021
            Sri Gyanaranjan Swain and others               ....        Appellants
                                                       Mr. M. Mohanty, Advocate
                                            -versus-
            Subash Swain and another                       ....      Respondents


                          CORAM:
                          JUSTICE B. P. ROUTRAY
                                         ORDER

12.11.2021 Order No.

03. 1. Heard.

2. Admit.

3. The following substantial questions of law arise for consideration in this appeal.

(a) Whether the First Appellate Court is right in dismissing the entire suit in absence of any challenge to the decree of the learned trial court on the ground of non-joinder of parties ?

(b) Whether the coparceners who have sold their entire share as per the claim of the Plaintiffs are necessary to be heard in the suit for partition and if their non-joinder without any objection from the side of the Defendants would render the suit for dismissal?

4. Issue notice to Respondent Nos.1 to 3 by registered post with A.D. fixing a short returnable date. Requisites shall be filed within a week.

7. List this matter on 14th March, 2022.

I.A. No.321 of 2021

8. The impugned judgment of the First Appellate Court shall remain stayed till 14th March, 2022.

9. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik