Orissa High Court
State Of Odisha vs Ramesh Ch. Swain & Ors on 22 September, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
RVWPET No.422 of 2019
State of Odisha .... Petitioner(s)
Mr. S. Palit,
Sr. Advocate
-versus-
Ramesh Ch. Swain & Ors. .... Opposite Party(s)
Mr. S.N. Biswal,
for O.P.7
CORAM:
JUSTICE BISWANATH RATH
ORDER
22.09.2022
Later
31. 1. It appears, the Review Petition above was finally disposed of
by the judgment of this Court on 8.04.2021. Judgment in Review was
challenged in SLP(C) No.16420 of 2021 which got dismissed by the
Hon'ble Apex Court in its order dated 22.10.2021. It be stated that
even though curative application / recalling application was filed in the
month of May, 2021 the Opposite Party No.6 did not move such
applications rather chose to challenge the judgment in review which
got dismissed through the above SLP. In the meantime another set of
Plaintiffs moved SLP(C) No.8977 of 2022 and on 11.07.2022
withdrew the SLP with leave to move this Court on their applications
pending in High Court, even though by the time the SLP was moved,
no such applications were pending in this Court. In month September
I.A. No.227 of 2022, I.A. No.228 of 2022 and I.A. No.231 of 2022
were filed and for being moved this Court has come to dispose of all
such applications by its order dated 16.09.2022. In course of hearing
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I.A. No.99 of 2021, I.A. Nos.227/228/231 of 2022 all the Counsel
appearing brought to the notice of this Court regarding no substantial
progress in the O.S. No.203 of 1989(I) even though suit was directed to
be disposed of by its judgment dated 8.04.2021, giving rise to this
Court to call for a detail report from the trial Court on progress
involving suit by its order dated 16.09.2022.
2. Now coming to the fact of non-disposal of the suit even after a
targeting direction of this Court in the final judgment in the Review
Petition for disposal of the suit afresh within a period of six months
and further for there is at all no progress in the suit, this Court finds,
for the earlier direction of this Court, an explanation has been
submitted by the subordinate Court along with the entire order-sheet
right from reopening of the O.S. No.203 of 1989 (I) which got
reopened on 19.04.2021 as per the order-sheet in O.S. No.203 of 1989
(I) filed herein on the basis of production of a copy of the order by the
defendants. There is more than two dozens of adjournments of the
matter on different counts and for non-cooperation of the Plaintiffs. At
least there have been two dozens of adjournments in a way to provide
opportunity to the Plaintiffs at least to contest the suit. The order-sheet
further discloses that in the meantime there has been fresh appearance
on behalf of the Plaintiff Nos.6 & 13 by a new set of counsel, only on
23.11.2021 and that too after the trial Court directed the Counsel for
Respondents to serve copy of Additional W.S. on the Plaintiffs through
Registered Post / A.D. as none of the Plaintiffs cooperate, there is fresh
power by the Counsel Mr. S.N. Biswal who as per Review record
appears for number of Plaintiffs right through Appeal gave rise the
Review and remains the Counsel and the Asst. Counsel involving
variety of miscellaneous petitions, who is even found to be involved in
the matters arising out of subjects here in Hon'ble Apex Court. It also
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appears, there is fresh appearance without consent of the earlier
counsel even. The trial court has come to note there is request by
Plaintiff Nos.6 & 13 in person for replacement of counsel which has
also been accepted. In the meantime there is transfer of the Presiding
Officer found to be too much liberal in giving at least two dozens of
adjournments even none of them had appeared, instead of dismissing
the suit for their non-cooperation. It be mentioned that the explanation
has been offered along with detail order-sheet after the suit got
reopened and is placed on record. Thus this Court finds, out of a large
number of Plaintiffs only the Plaintiff Nos.6 & 13 have already
responded. In the process this Court finds, the order dated 24.08.2022
reveals as follows:-
"24.08.2022
The ld. Counsel for defendant is present and filed
hazira. None appeared from the side of Plaintiff. On perusal of
the case record it is learnt that the case record is posted for
service of copy of Addl. W.S. on the Plaintiffs.
On further perusal of the case record it is observed
that by virtue of the directions given in RVWPET 422 of 2019,
the judgment in T.A. 4/17 of 2001/1992 was confirmed by
setting aside the judgment and decree in Misc. Appeal No.994
of 2001. On perusal of all the directions given in all the above
final adjudications. It is combinedly observed that;
(i) All the parties were directed to appear before
this Court on 19.04.2021 but out of that only
Plaintiffs 6 & 13 appeared on 23.11.2021
alongwith the defendant bearing all others.
(ii) The defendants as directed in RVWPET
422/2019 had filed additional written
statement alongwith additional documents.
(iii) As confirmed in RVWPET 422/2019, the
Appellate Court had directed with a liberty to
the defendants for confronting the contents of
Ex-I A/2 before P.W.1 (Plaintiff 13) on recall
U/o.18 R.17 of CPC.
(iv) The Plaintiffs are allowed to lead rebuttal
evidence and
(v) Both the sides are allowed to adduce fresh
evidence, if any.
Hence, in view of the above directions it is apparent that
Plaintiffs 1 to 5, 7 to 12 and 14 to 21 have not complied with the
instruction to appear before this Court on date fixed 19.04.2021
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or any subsequent dates. Therefore, in view of mandate given
U/o.9 R.10 of C.P.C, the present suit is dismissed for no-
appearance as against plaintiffs 1 to 5, 7 to 12 and 14 to 21.
Appearing Plaintiffs 6 to 13 are hereby directed to receive
copy of the additional W.S. filed by the defendant before the
next date of posting. Call on 29.08.2022 for settlement of issues.
Both sides are directed to take active participation in this case.
3. It appears, the case was next posted to 29.08.2022 on which
date none appeared for Plaintiffs and in the interest of justice the case
was posted to 8.09.2022 for settlement of issue. On 8.09.2022 the
Plaintiff Nos.6 & 13 filed time petition through very same counsel
Mr. S.N. Biswal on the ground that they have been permitted by the
Hon'ble Apex Court in disposal of SLP(C) No.8977 of 2022 to move
their application / petition pending in High Court. It is made clear that
these Plaintiffs had nothing to do with SLP(C) No.8977 of 2022 and
request to the Trial Court is an outcome of agenda of Plaintiffs to move
in piecemeal manner just to obstruct the trial court from proceeding in
the suit. The Trial Court should not fell to the trap of the plaintiffs as
not only the time target by this Court is already expired but there has
also been dismissal of SLP(C) No.16420 of 2021 and there is no stay
of suit and more surprisingly there is even no minimum courtesy and
decent maintained by the trial court in even requesting for extension of
time target and this Court presumes, the trial Judge fell to the trap of
these plaintiffs besides there is also failure in showing his sincerity.
This Court looking to the bizarre affairs involving the targeted matters
at the hands of the trial court with the bright example shown
hereinabove, observes, time has come for this Court to open a separate
cell to monitor such disposal under the supervision of any of the
Registrar. I am hopeful, the Registrar (Judicial) of this Court will
attempt to achieve a solution. Be that as it may, the suit was next
posted to 19.09.2022 for development in High Court and also framing
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of additional issues. This Court hopes and trusts the additional issues
must have been framed and the suit must show finality at the earliest.
4. Be that as it may, since the suit appears to have been dismissed
as against the plaintiffs 1 to 5, 7 to 12 and 14 to 21, this Court here
records, there is even no attempt for substitution in respect of the
deceased Plaintiffs as of now, presently only surviving as against the
Plaintiff Nos.6 & 13, this Court records the undertaking of the learned
counsel Mr. Biswal, appearing here and also a counsel for this very
plaintiffs in the trial court filing fresh 'VAKALATNAMA', they are to
cooperate the trial court for proceeding in the ultimate trial of the suit.
There is sufficient loss of time. While expressing its anxiety to the
manner the case proceeded in the trial court that too in a remand
matter, no party even brings the dismissal of SLP (C) No.16420 of
2022 even though Mr. Biswal, learned counsel is also aware of
development in the Hon'ble Apex Court when his name is also in the
order-sheet of the Hon'ble Apex Court and undisputedly there is
desperate attempt to block the judgment of this Court, but in a
piecemeal manner by arranging different set of Plaintiffs at different
point of time and all their Misc. Cases / I.As have been almost
dismissed except allowing to the effect correction of some
typographical errors in the judgment dated 8.04.2022. This Court hopes
and expects, the suit involved herein will be closed within a period of
three months and if necessary, by hearing on day to day basis and
without involving any unnecessary adjournment. While disposing of
the suit finally the trial court shall also keep in mind the survivability
of the suit after dismissal of the suit as against the Plaintiffs 1 to 5, 7 to
12 and 14 to 21 and also keep in view the specific claim in paragraph
no.1 of the plaint.
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5. This Court accepts the explanation with apology submitted by
the trial court and closes the issue with the above observation.
6. Plaintiffs are playing hide and seek. Registry is directed to send
a copy of this order to the Trial Court immediately, while also
attempting to achieve result on the observation of this Court towards
end of para-3 hereinabove.
(Biswanath Rath)
Judge
Ayaskanta Jena
