Sukanta Prusty vs Gayadhar Prusty & Another
2023 Latest Caselaw 13759 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     R.S.A. No.161 of 2019
                   Sukanta Prusty                          ....            Appellant
                                                    Mr. R.K. Mohanty, Sr. Advocate

                                           -versus-
                   Gayadhar Prusty & Another                ....         Respondents

                                                      Mr. M.B. Rao, Advocate (R.1)
                                                      Mr.K.K. Jena, Advocate (R.2)
                             CORAM:
                              MR. JUSTICE D.DASH
                                          ORDER

     Order No.                           06.11.2023
         08.       1.       This matter is taken up through hybrid arrangement
                   (virtual/physical mode).

2. Upon hearing Mr. R.K. Mohanty, learned Senior Counsel for the Appellant, Mr. M.B. Rao, learned counsel for the Respondent No.1 and Mr. K.K. Jena, learned counsel for the Respondent No.2.

3. The substantial questions of law, which had been framed on 20.02.2020 is hereby substituted by the following:-

"Whether the Lower Appellate Court in the facts and circumstances which have emerged from the rival pleadings and further keeping in view the relief sought for in the plaint has erred in placing the burden of proving due execution of general power of attorney (Ext.4) by the Plaintiff upon the Defendants instead of putting the said burden of proving the fact that the general power of attorney had not been duly executed by the Plaintiff upon the Plaintiff?"

4. On the consent of the learned counsel for the parties, the matter is taken up for final hearing. Signature Not Verified

5. Hearing being concluded; judgment is reserved. Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 10-Nov-2023 13:11:16 (D. Dash) Judge H