Hrusikesh Dehury & vs Chandramani Pradhan &
2023 Latest Caselaw 11677 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                            RSA NO.369 OF 2017
           Hrusikesh       Dehury      & ....                            Appellants
           Another                                              Mr. G. N. Mishra,
                                                                        Advocate

                                           -versus-

           Chandramani Pradhan & ....                                Respondents
           Others                                     Mr.S. Panda, Advocate for
                                                                      R-1 to 4.



                         CORAM:
                         MR. JUSTICE D.DASH

                                         ORDER

26.09.2023 Order No.

07. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. Heard learned counsel for the Appellants and learned counsel for the Respondents. The Appeal is admitted to answer the following substantial questions of law:-

i. "Whether the Courts below are right in holding that the suit is bad for non-joinder of necessary party namely Madan Pradhan despite the fact that the Plaintiffs have advanced no relief in the suit as against him and the decree as prayed for by the Plaintiffs even if is passed would not have bound Madan or his legal successors?"

ii. "Whether the Courts below are right in holding that the suit is barred by limitation?"

// 2 //

3. On consent of the learned counsel for the Parties, the Appeal is heard on merit to answer the above substantial questions of law.

4. Hearing being concluded; judgment is reserved.

(D.Dash) Judge

Gitanjali

Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 29-Sep-2023 16:19:05