Ranjit Pr. Raut And Others vs Baluankeswar Raut And Others
2024 Latest Caselaw 17072 Ori

Orissa High Court

Ranjit Pr. Raut And Others vs Baluankeswar Raut And Others on 25 November, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      `IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    RSA No. 354 of 2019

            Ranjit Pr. Raut and Others                 ....             Appellants
                                                                  Represented by
                                                          Mr.B. Bhuyan, Advocate
                                       - Versus -
            Baluankeswar Raut and Others                  ....        Respondents
                                                                 Represented by
                                                                Mr.S.P.Misra, Sr.
                                                                   Advocate with
                                                                  Mr. K. Parida,
                                                                       Advocate

                   CORAM:
                         JUSTICE SASHIKANTA MISHRA

                                           ORDER

25.11.2024 Order No. 1. This matter is taken up through hybrid mode.

32. . 2. In course of hearing, attention of this Court is drawn to the judgment and decree passed by the 1st Appellate Court. It is seen that in the ordering portion of the judgment, the following has been mentioned:-

"The appeal is allowed on contest against respondent Nos. 1, 2, 3, 4 and 5 on ex parte against other respondents and the judgment and decree passed by the Civil Judge (Senior Division), Jagatsinghpur in C.S. No. 100 of 2011 on 21.03.2017 and 31.03.2017 respectively is hereby set aside. The parties to bear their own cost."

3. In the decree drawn up also the same has been mentioned, which is reproduced hereinbefore. It is evident that no specific decree has been drawn up as regards the relief granted. The provision under Order 41 Rule 31 (d) reads as follows:-

"Where the decree appealed from is reversed or varied, the relief to which the appellant is entitled and shall at the time that it is pronounced be signed and dated by the judge or by the judges concurring therein."

Since the judgment and decree passed by the trial Court in the present case was reversed, it was imperative for the 1st Appellate Court to have specified as to what relief, the appellant was entitled. The same not having been done, the decree, prima facie, appears to be unenforceable.

4. Under such circumstances, the substantial questions of law framed at the time of the admission of the appeal are substituted and reformulated as follows:-

"Whether the judgment and decree passed by the 1st Appellate Court is hit by the requirement of Order 41 Rule 31 (d) of CPC."

5. Heard further argument on the substantial question of law reformulated as above. Judgment reserved.

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 27-Nov-2024 17:11:56