Zada Bibi And Others vs Sk. Manwar And Others
2025 Latest Caselaw 7103 Ori

Orissa High Court

Zada Bibi And Others vs Sk. Manwar And Others on 16 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              R.S.A. No.358 of 2024

       Zada Bibi and others                  .....                  Appellants

                                                      Represented by Adv. -
                                                      Mr.Debakanta Mohanty

                                      -versus-
        Sk. Manwar and others               .....                   Respondents

                                                      Represented by None

                                    CORAM:
            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                       ORDER

Order No. 16.4.2025.

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

2. Heard Mr. Debakanta Mohanty, learned counsel for the appellants, on the question of admission. Perused the judgments 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;

(1) Whether the learned courts below committed error of law by not following the mandates of Order 6 Rule 4 CPC and recorded finding to the effect that fraud has been committed without any sufficient reason.

// 2 //

(ii) Whether the learned courts below committed error of law by fixing the responsibility of the alleged fraud committed in the proceeding of T.S. No. 8/1981 on the defendants although the plaintiff is the master of the suit and the defendants have nothing to do with the proceeding or complying the proceeding.

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 in the week commencing 21.7.2025.

                                                                                    (Sashikanta Mishra)
                          AKB                                                            Judge




                2.                1.     Learned counsel for the appellants does not want to press

this application. Accordingly, the I.A. is disposed of as not- pressed with liberty to file appropriate application if further cause of action arises.

(Sashikanta Mishra) AKB Judge

Designation: A.D.R.-cum-Addl. Principal Secretary

Location: High Court of Orissa, Cuttack