Dhaneswar Naik And Others vs Drupadi Dei And Others
2023 Latest Caselaw 7031 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               R.S.A No.31 of 2013

        1. Dhaneswar Naik and others                 ....            Appellants
        2.
                                                   M/s. D. Mund,
                                                   Advocate


                                        -versus-
            Drupadi Dei and others                   ....        Respondents



                        CORAM:

                                JUSTICE SASHIKANTA MISHRA
                                       ORDER

21.6.2023.

Order No.

03. 1. This matter is taken up through hybrid mode.

2. Heard.

3. Considering the submissions and on perusal of the impugned judgments, the Second Appeal is admitted on the following substantial questions of law;

"(i) Whether the judgment of First Appellate Court is bad in law for non-compliance of Order 41, Rule 31 read with Section 107 of C.P.C.?

(ii) Whether the First Appellate Court committed illegality in not deciding the issue relating to the authenticity or otherwise of the legal heir

// 2 //

certificate basing on which the plaintiff's suit was decreed?

4. Issue notice to the Respondents by Registered Post with A.D. making it returnable within a period of four weeks. Requisites be filed within three working days.

5. List this matter on 9th August, 2023. L.C.R. be called for in the meantime.

(Sashikanta Mishra) Judge

AKB

Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack