Smt. Prafulla Kumari Khora vs Smt. Sunita Mahuria @ Sunita ...
2023 Latest Caselaw 1916 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                              RSA No.43 of 2022

        Smt. Prafulla Kumari Khora                ....              Appellant
                                                   Mr. P.K. Rath, Advocate


                                       -Versus-



        Smt. Sunita Mahuria @ Sunita Mohuria      ....            Respondents
        and Others

                     CORAM:
                     MR. JUSTICE R.K. PATTANAIK

                                       ORDER

Order                                02.03.2023
No.
 01.    1.      Heard learned counsel for the appellant.

        2.      Admit.

3. The substantial question of law is formulated which is to the following:

(i) Whether the learned lower Appellate Court has committed error in law in setting aside the judgment passed in counter claim, particularly when the suit land in counter claim and civil suit are same?

(ii) When the decree of dismissal passed in civil suit has attained finality consequent upon dismissal of Appeal i.e. RFA No.21 of 2012, the said order of dismissal shall operate as res judicata against the plaintiff so far as decree passed in counter claim of the defendant is concerned?

4. Notice to the respondents by Registered Post with AD making it returnable at an early date. For the said purpose, requisites shall be filed by Mr. Rath, learned counsel for the appellant within a week from today.

5. List on 29th March, 2023 for appearance of the respondents.

(R.K. Pattanaik) Judge

Tudu