A At Cuttk vs Principal
2025 Latest Caselaw 11025 Ori

Orissa High Court

A At Cuttk vs Principal on 4 December, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                              RSA No. 286 of 2024

                A AT CUTTK
            Pradeep Kumar Dash                    ....                   Appellant
                                                               Represented by
                                                       Mr .S. Mishra, Advocate


                                            -Versus -


            Principal,         Government          ....               Respondents

            Autonomous             College,
            Bhawanipatna, Kalahandi
                                                                  Represented by


                       CORAM:
                         JUSTICE SASHIKANTA MISHRA
                                        ORDER_
                                        04.12.2025
Order No.

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

2. Heard Mr. S. 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 questions of law:-

i. Whether the courts below were correct in non-suiting the plaintiff on the ground of non-compliance of Section 80 CPC without any specific finding based on evidence that the defendant-College is a government College?

ii. Whether the courts below were correct in non-suiting the plaintiff for non-compliance of Section 80 CPC ignoring the fact that by his conduct the defendant had waived the objection regarding service of such notice ? i.

4. Issue notice to the respondent by speed post fixing a short

returnable date. Requisites be filed within three working days.

5. Call for the LCR.

6. List this matter in the month of August, 2026 for hearing.

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 05-Dec-2025 18:21:57