Orissa High Court
Saheba Banchor @ Banchhor vs Anil Kumar Jain And Others on 5 February, 2025
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
RSA No. 410 of 2023
Saheba Banchor @ Banchhor ..... Appellants
@ Gouda and others
Mr. U.K. Samal, Adv.
-Versus-
Anil Kumar Jain and others ..... Respondents
CORAM:
THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
ORDER
05.02.2025
Order No. 1. This matter is taken up through hybrid mode.
04.
2. Heard Mr. U.K. Samal, learned Counsel for the appellant.
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 learned lower appellate court has committed a
grave illegalities in declaring the title of the plaintiff on the
basis of the certified copy of the sale deed (Ext.l) a secondary
evidence as per Section- 63 of the Indian Evidence Act, 1872 in
the absence of the primary evidence or any
conditions/explanations as required under Section-65 of the
Indian Evidence Act?
ii) Whether a suit for declaration of Right Title and Interest is
maintainable by a lispendence purchaser when the litigation
was pending before the competent revenue court having
jurisdiction and the final order passed by the revenue authority
is not challenged in the suit?
iii) Whether the first appellate Court was correct in holding
that the father has special power to alienate any land or
property without obtaining permission and signature of the
major sons and daughters for legal necessity of the family
without any finding regarding such legal necessity being on
record?
4. Issue notice to respondents by registered post with A.D.
returnable within four weeks. Requisites be filed within a week.
5. Call for the LCR.
4. List this matter after Summer Vacation.
(Sashikanta Mishra)
Judge
Order No. 1. This is an application filed by the appellants seeking
05. exemption for filing Court fees on the ground that their income is
less than Rs.1 lakh. Copy of the income certificate has been
appended to the I.A., which reveals that the annual income of the
appellants is less than Rs.1 lakh.
2. Considering the above facts, the I.A. is allowed.
3. The appellants are exempted from paying Court fees subject to
however, verification of the income certificate by the State counsel.
4. Let a copy of the I.A. along with the documents enclosed
thereto be served upon learned State Counsel, who shall verify the
same and appraise the Court accordingly on the next date.
(Sashikanta Mishra)
Judge
Order No. 1. As an interim measure, it is directed no 3rd party interest shall
06. be created in respect of the suit property till the next date.
2. Issue urgent certified copy as per Rues.
(Sashikanta Mishra)
A.K. Rana Signature Not Verified
Digitally Signed
Judge
Signed by: AJAYA KUMAR RANA
Designation: Personal Assistant
Reason: Authentication
Date: 05-Feb-2025 19:07:39
