Raghu Sarkar vs Sama Ray And Others
2025 Latest Caselaw 6832 Ori

Orissa High Court

Raghu Sarkar vs Sama Ray And Others on 8 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               RSA No. 372 of 2023


            Raghu Sarkar                             ....                   Appellant
                                                                   Represented by
                                                          Mr. G. Mishra, Advocate


                                               -Versus -
            Sama Ray and Others                       ....               Respondents

Represented by Mr. R.R. Sahoo, Advocate

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 08.04.2025 Order No. 1. This matter is taken up through hybrid mode.

4.

2. Heard Mr. G. Mishra, learned counsel for the appellant. Perused the impugned judgments.

3. Considering the submissions and the grounds raised, the second appeal is admitted on the following substantial question of law:-

i. Whether both the courts below were correct in ignoring the fact that the plaintiff had not disputed the averments in the counter claim filed by the defendants by filing written statement?

4. No notice need be issued as respondent No.1 has already entered appearance in so far as respondent Nos. 2 to 5 are concerned, notice is dispensed with for the time being at risk of the appellant.

5. Call for the LCR.

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

(Sashikanta Mishra) Judge

Order No.

5. 1. This application shall be considered at the time of final hearing of the appeal.

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 09-Apr-2025 18:52:43