Sisira Pradhan vs Mala Pradhan
2022 Latest Caselaw 2859 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            R.S.A. No.419 of 2017


            Sisira Pradhan                                              Appellant
                                                      ....
                                                           Mr.A.R. Dash, Advocate
                                           -versus-
            Mala Pradhan                              ....              Respondent


                     CORAM:
                     MR. JUSTICE D.DASH
                                        ORDER

24.06.2022 Order No.

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

2. Heard learned counsel for the Appellant in the matter of admission of this Appeal.

Perused the judgments passed by the courts below.

3. The Appeal is admitted on the following substantial question of law:

(a) "Whether the findings of the courts below that the Appellant-Defendant has failed to prove his status as the adopted son of Labha is wholly contrary to the weight of evidence on record and the courts below have lost sight of the fact that it being a case of ancient adoption, the Appellant-Defendant ought not to be insisted upon to give direct evidence in support of the giving and taking ceremony, which is to be presumed from the facts and circumstances including the conduct

// 2 //

of the parties prevailing for quite a long period as emanating from evidence?"

4. Issue notice to the Respondent by Registered Post with A.D. Steps be taken within a week. In that event notice be issued fixing a short returnable date.

5. List this matter on 8th August, 2022.

(D. Dash), Judge.

Himansu