Bhikari Charan Samantray (Since vs Gajendra Kumar Samantray(Since
2022 Latest Caselaw 7565 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                                S.A. NO. 72 OF 1996

         Bhikari Charan Samantray (Since            ....                Appellants
         Dead) through his LRs


                                        -versus-

         Gajendra Kumar Samantray(Since             ....           Respondents
         Dead) through his LRs

                  CORAM:
                  MR. JUSTICE D.DASH

                                       ORDER

Order                                 20.12.2022
No.


  17.   1.     This    matter    is   taken   up   through   hybrid    arrangement
         (virtual/physical) mode.

2. Upon hearing learned counsel for the Parties and with their consent, the substantial questions of law as framed by order dated 02.09.1996 are substituted by the following:-

i. Whether the finding of the Lower Appellate Court in holding that the "Ex-parte judgment and Decree in O.S. No.58 of 1976-1 was obtained by suppressing summons" suffers from non consideration of the material evidence on record and as such raises a question of law being vitiated by perversity.

ii. Whether the suit filed by Plaintiff-Respondent was completely barred by limitation by application of Article 58 and 59 of the Limitation Act in as much as

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the suit was not filed within 3 years from the date of the knowledge about the passing of the Decree in the previous suit.

3. Accepting their request of the learned counsel for the parties for hearing to answer the substantial questions of law as framed today.

4. List this matter on 10th March, 2023.

(D. Dash), Judge.

Gitanjali