Subasini Behera @ Sethi vs Subrat Behera
2023 Latest Caselaw 15781 Ori

Orissa High Court

Subasini Behera @ Sethi vs Subrat Behera on 8 December, 2023

Author: Arindam Sinha

Bench: Arindam Sinha

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                MATA No. 285 of 2023
                                (Through hybrid mode)

            Subasini Behera @ Sethi                ....             Appellant


                                      Mr. Rabindra Nath Debata, Advocate
                                       -versus-

            Subrat Behera                          ....           Respondent

                                   Mr. Prasanta Kumar Pradhan, Advocate




                     CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SIBO SANKAR MISHRA


                                       ORDER

08.12.2023

Order No.

03. 1. Mr. Debata, learned advocate appears on behalf of appellant-

wife and Mr. Pradhan, learned advocate for respondent-husband. The

appeal is directed against judgment dated 16th August, 2023 dismissing

the application for setting aside ex parte order dated 30th March, 2022.

2. It appears from impugned judgment there was reliance on

tracking report for concluding that the summons was served. Mr.

// 2 //

Debata submits, track report was exhibit-B. It needs to be examined to

ascertain that the delivery was not to the addressee. On query from

Court regarding the postal article not having been returned to sender

he submits, his client does not know how that happened.

3. The lower Court record be called for.

4. List on 10th January, 2024.

(Arindam Sinha) Judge

(S.S. Mishra) Judge Sks

Designation: PERSONAL ASSISTANT