Sulochana Singh And vs State Of Odisha And
2025 Latest Caselaw 7210 Ori

Orissa High Court

Sulochana Singh And vs State Of Odisha And on 26 August, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  RSA No. 315 of 2025

            SULOCHANA SINGH AND             .....                            Appellants
            ORS.
                                                       Mr. S.K. Dash, Sr. Adv with Ms. P.
                                                                        Mishra, Advocate
                                            -Versus-
            STATE OF ODISHA AND             .....                          Respondents
            ORS



                                       CORAM:
                      THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
                                              ORDER

26.08.2025

Order No. 1. These matters are taken up through hybrid mode.

2. 2. Heard Mr. S.K. Dash, learned Senior with Ms. P. Mishra, learned counsel for the appellants.

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

"(i) Whether the suit is barred by constructive resjudicata in terms of Order XXIII, Rule1(4) and Order II, Rule 2 of the Code of Civil Procedure, 1908 even if the cause of action and the relief claimed in the subsequent suit is different?

(ii) Whether the suit is barred by limitation and Articles 58 and 113 of the Limitation Act, 1963 are applicable when the plaintiffs were found to have both title and possession in respect of the suit land ?

4. Issue notice to respondents by registered post with A.D. returnable within four weeks. Requisites be filed within three working days.

5. Call for the LCR.

4. List this matter for hearing in the month of April, 2026.

(Sashikanta Mishra) Judge A.K. Rana A.K. Rana