Khagendra Sethi vs Annapurna Sethi & Anr
2022 Latest Caselaw 7232 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                               MATA No.20 of 2017

     Khagendra Sethi                       .........                 Appellant
                                                            Mr. B. Bhuyan, Adv.

                                      -Versus-


     Annapurna Sethi & Anr.             ..........                   Respondents
                                                              Mr. H.B. Dash, Adv.
                                    CORAM:
                                    JUSTICE S. TALAPATRA
                                    JUSTICE SAVITRI RATHO

                                            ORDER

18.11.2022

Order No.

10. 1. This matter is taken up through Hybrid Arrangement

(Virtual/Physical Mode).

2. Let the matter be listed on 02.12.2022 at the request of Mr.

H.B. Dash, learned counsel appearing for the respondent.

3. The issue that would like to formulate for purpose of hearing

of this appeal is that whether the observation as made in the

Paragraph-7 of the impugned Judgment can be sustained as prima

facie. We are of the view that the exercise of the jurisdiction under

Order 7 Rule 11 is fully unwarranted. Mr. Dash, learned counsel has

persuaded us to grant an adjournment to show certain precedents,

where the interpretation of Order 7 Rule 11 of the CPC is available.

4. Mr. B. Bhuyan, learned counsel appears for the appellant.

                                                         (S. Talapatra)
                                                              Judge



                                                          (Savitri Ratho)
Rati Ranjan                                                  Judge