Sri Niasi Barik vs Sri Bhagabat Chandra Jadab &
2021 Latest Caselaw 12250 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                S.A. No.279 of 1998
            Sri Niasi Barik                                          Appellant
                                                    ....
                                                         Mr.K.N. Jena, Advocate

                                      -versus-
            Sri Bhagabat Chandra Jadab &       ....          Respondents
            Others                                Mr.Karunakar Rath,Adv
                                                  Mr. B. Mohapatra, Adv
                                                                   (R.3)


                        CORAM:
                        MR. JUSTICE D.DASH
                                        ORDER

Order No.                              29.11.2021
   10.      1.        This matter is taken up through hybrid arrangement
            (virtual/physical mode).

2. This Second Appeal under section 100 of the Code of Civil Procedure (for short "the Code") has been filed in challenging the judgment and decree passed by the learned District Judge, Balasore-Bhadrak in S. J. Appeal No.71 of 1989-I.

2. This Appellant is the Defendant No.1 in the Suit. The suit having been dismissed, present Respondent Nos.1 and 2 as the Appellants-Plaintiffs had filed the Appeal under section 96 of the Code and that having been allowed is now under challenge before this Court at the instance of the Defendant No.1 as the Appellant herein.

3. None appears for the Appellant in this Appeal of the year 1998 when it is called at the time when it came as per the

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item in the list as also as a pass over item. This was also the situation on earlier occasions.

Mr. B. Mohapatra, learned counsel for the Respondent No.3 is present.

4. In the above state of affair; the Appeal stands dismissed.

(D. Dash) Judge Himansu

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