Rabichandra Pradhan And vs Urmila Bhoi And Others
2024 Latest Caselaw 10696 Ori

Orissa High Court

Rabichandra Pradhan And vs Urmila Bhoi And Others on 27 June, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               R.S.A. No.95 of 2024

       Rabichandra Pradhan and                .....                   Appellants
       others

                                                        Represented By Adv. -
                                                        Mr.A.K.Nath

                                       -versus-
        Urmila Bhoi and others               .....                   Respondents

                                                       Represented By None

                                     CORAM:
            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                        ORDER

27.6.2024.

Order No.

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

2. Heard Mr. A.K.Nath, learned counsel for the appellants, on the question of admission. Perused the judgment passed by the lower appellate court as well as the trial court.

3. Considering the submissions and the grounds raised, the RSA is admitted on the following substantial question of law;

(i) Whether the suit is undervalued as per Section 7(iv)(d) of the Court Fees Act, which the learned Courts below did not

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consider in spite of materials available on record that that learned Trial Court lacks pecuniary jurisdiction.

(ii) Whether both the Courts below are justified in coming to a conclusion that Section 42 of Survey and Settlement Act is not a bar to the Civil Court as the Plaintiffs preferred neither appeal nor revision before the statutory authorities for correction of record of right.

4. Issue notice to the Respondents by Registered Post with A.D. making it returnable within four weeks. Requisites be filed within three working days. L.C.R. be called for.

5. List this matter after service of notice and receipt of L.C.R.

(Sashikanta Mishra) AKB Judge

Location: High Court of Orissa, Cuttack