Pradipta Kumar Sahoo vs Basanta Kumar Chinara
2025 Latest Caselaw 11610 Ori

Orissa High Court

Pradipta Kumar Sahoo vs Basanta Kumar Chinara on 22 December, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               RSA No. 617 of 2025


            Pradipta Kumar Sahoo                  ....                 Appellant
                                                              Represented by
                                                  Mr. A.K. Sharma, Advocate

                                             -Versus -


            Basanta Kumar Chinara                  ....               Respondent

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 22.12.2025

Order No. 1. This matter is taken up through hybrid mode.

1.

2. Heard Mr. A.K. Sharma, 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 agreement Ext.1 prepared on the stamp papers purchased prior to the meeting is enforceable or not under law?

ii. Whether as per provisions of Section 69 of the Partnership Act, the agreement vide Ext.1 is enforceable?

iii. Whether in absence of proof of accounts in shape of books of accounts in relating to loss of profit before eleven years of alleged agreement

vide Ext.1 the plaintiff's suit for realization of Rs.8,40,000/;- is maintainable? iv. Whether the burden of proof that the unregistered agreement vide Ext.1 has been discharged by the plaintiff beyond reasonable doubt and held to be enforceable against the defendant?

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 October, 2026.

(Sashikanta Mishra) Judge

BC. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 24-Dec-2025 18:48:52