Santosh Pruseth @ Prema Shankar vs Kailash Naik And Others
2023 Latest Caselaw 12034 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  R.S.A. No.340 of 2012


                 Santosh Pruseth @ Prema Shankar                      Appellants
                 Pruseth and another
                                                        Mr. P.K. Kar, Advocate
                                            -versus-
                 Kailash Naik and others                ....          Respondents

                                                                            None
                                     CORAM:
                            MR. JUSTICE A.C. BEHERA

                                            ORDER

Order No.                                  05.10.2023
    07.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. This 2nd appeal was fixed today on the point of hearing of admission.

3. Learned counsel for the appellants submitted that, though the learned trial court had no jurisdiction to decide the civil suit being barred by the Special Statute, i.e., Regulation-2 of 1956 still then, the suit as well as the first appeal has been decided against the appellant, for which, this appeal is required to be admitted by formulating a substantial question of law whether the learned trial courts below had jurisdiction to decide the suit, when the same was barred by the Special Statute.

4. It appears from the judgment of the learned trial court below that, no issue has been framed on this aspect. It also appears from the judgment of the learned 1st appellate court below that no point has // 2 //

also determined on this aspect.

5. As the appellants after being failed/defeated from the learned trial court below as well as from the learned 1st appellate court below has preferred this 2nd appeal agitating the substantial question of law in respect of which no issue was framed before the learned trial court below and as this solitary Point has raised for admission of the appeal, for which, notices be issued to the respondents for hearing on the point of admission. Therefore, the appellants are directed to submit requisites within a week hence for issuance of notices to the respondents.

6. List this matter one month after for appearance of the respondents and as well as for hearing of this appeal on the point of admission.

( A.C. Behera ) Judge Jagabandhu