Ramesh Chandra Das vs Rebati @ Rebate @ Reba Prava Das &
2025 Latest Caselaw 6603 Ori

Orissa High Court

Ramesh Chandra Das vs Rebati @ Rebate @ Reba Prava Das & on 3 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                               RSA No.391 of 2024
            Ramesh Chandra Das                  ....                       Appellants
                                                                     Represented by
                                                             Ms. P. Naidu, Advocate

                                     - Versus-
            Rebati @ Rebate @ Reba Prava Das &                ....         Respondents
            Others                                                     Represented by


                  CORAM:
                       JUSTICE SASHIKANTA MISHRA

                                              ORDER

03.04.2025 Order No.

01. 1. This matter is taken up through hybrid mode. . 2. Heard Ms. P. Naidu, learned counsel appearing for the appellants.

3. Perused the impugned judgments. Considering the submissions and the grounds raised, the second appeal is admitted on the following substantial questions of law.

"i. Whether both the Courts below were correct in entirely ignoring the counter claim filed by the defendant Nos. 1 &

ii. Whether non-consideration of the counter claim filed by the Defendant Nos. 1 & 2 despite default of the plaintiff in filing reply thereto is contrary to the provision Order VIII Rule-6(E) of CPC."

4. Issue notice to the respondent by registered post with AD returnable within four weeks. Requisites be filed within three working days.

5. Call for the LCR.

6. List this matter in the week commencing 21st July, 2025.

(Sashikanta Mishra) Judge

Order No.

02. As an interim measure, it is directed that the final decree proceeding may continue but the decree shall not be sealed or signed without leave of this Court.

Puspanjali (Sashikanta Mishra) Judge

Designation: Junior Stenographer

Location: High Court of Orissa, Cuttack. Date: 04-Apr-2025 17:22:51