Subhadra Dash And Other vs Jayakrushna Dash And Another
2025 Latest Caselaw 743 Ori

Orissa High Court

Subhadra Dash And Other vs Jayakrushna Dash And Another on 1 July, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               RSA No. 303 of 2025

            Subhadra Dash and other                 ....                 Appellants
                                                                Represented by
                                                             Mr. D.P. Mohanty,
                                                                      Advocate

                                              -Versus -


            Jayakrushna Dash and another             ....               Respondents

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 01.07.2025 Order No.

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

2. Heard Mr. D.P. Mohanty, learned counsel for the appellants. 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 learned appellate court is correct in rejecting the prayer of the appellant Order XVI Rule 27 of the Code of Civil Procedure for acceptance of additional evidence on the ground that the documents in question, i.e., the AADHAAR Card and Voter I.D. Card etc. which serves as an additional proof of the status of late Gangadhar, are not necessary for the proper adjudication of the case?

ii. Ignoring the law relating to Merger of the Ex-Ruler of the State of Dhenkanal, whether the learned Courts below

are correct in accepting the initiation of the proceeding under Ext. 1 to be valid in the eye of law?

iii. Even assuming that initiation of such a proceeding under the 1934 Rules is valid, whether the learned Court below have committed gross error in losing sight of the fact that the order under Ext. 1 does not satisfy the strict requirements of the said rules under which the alleged proceeding was initiated?

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

5. Call for the LCR.

6. List this matter in the month of December, 2025.

(Sashikanta Mishra) Judge

BC. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 03-Jul-2025 10:57:16