Biswajit Naik And Others vs Prafulla Mahanta And Others .... ...
2025 Latest Caselaw 11021 Ori

Orissa High Court

Biswajit Naik And Others vs Prafulla Mahanta And Others .... ... on 4 December, 2025

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Reason: Authentication
Location: OHC, Cuttack
Date: 04-Dec-2025 19:15:31


                               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                         CMP No.1168 of 2025
                      Biswajit Naik and Others                  ....         Petitioners
                                                     Mr. Patitapaban Panda, Advocate
                                                  -versus-
                      Prafulla Mahanta and Others               ....   Opposite Parties


                                 CORAM:
                                 SHRI JUSTICE B. P. ROUTRAY
                                               ORDER

4.12.2025 Order No.

04. 1. Heard Mr. P. Panda, learned counsel for the petitioners. No one enters appearance for contesting opposite party no.1 despite service of notice is made sufficient against him.

2. Present CMP is directed against order dated 24 th June, 2025 passed in Execution Case No.48 of 2018 of learned Civil Judge, Senior Division, (LR & LTV), Bhubaneswar wherein the prayer of the intervener has been allowed to implead him as a party in the execution case.

3. Admittedly the provisions of Rule 3, 4 and 8 of Order 22 shall not apply to the execution proceedings. Here in the present case, the intervener claiming to be the LR of JDr No.4, who was defendant No.4 in the suit and died before pronouncement of judgment, cannot exercise his right under Order-1 Rule 10 to be impleaded as a party particularly when the provisions of substitution in terms of Rule 3, 4 and 8 of Order 22 is inapplicable to the execution proceedings. As such, present impugned order dated 24th June, 2025 is set aside. However, it is left open for the opposite party to seek appropriate

remedy in order to raise his objection/application before the learned executing court.

4. The CMP is allowed.

( B.P. Routray) Judge M.K.Panda