Kamala Bhotruni vs Manjula Nag
2025 Latest Caselaw 6158 Ori

Orissa High Court

Kamala Bhotruni vs Manjula Nag on 23 June, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    RSA No.172 of 2005

            Kamala Bhotruni                             ....                  Appellant
                                                               Md. Paradesh, Advocate
                                                   -Versus -
            Manjula Nag                                  ....                Respondent
                                                               Mr. Bajoj Ku. Pattanaik,
                                                                              Advocate

                       CORAM:
                         JUSTICE SASHIKANTA MISHRA
                                              ORDER

24.06.2025

Order No.

1. This matter is taken up through hybrid mode.

17.

2. Heard Md. Paradesh, learned counsel appearing for the appellant on the question of admission. Perused the impugned judgments.

3. Considering the submissions and the grounds raised, the Second Appeal is admitted on the following substantial questions of law:-

(1) Whether both the Courts below are correct in holding the suit filed under Order-32 Rule-3A of the C.P.C. as maintainable by incorrect application of the law of limitation? (2) Whether both the Courts below were correct in entertaining the suit even though the same was bad for non-joinder of necessary parties? (3) Whether the Courts below committed illegality in not framing an issue relating to fraud alleged in the earlier suit?

4. No notice need be issued as the Respondent is represented by Mr. Satyabadi Mantri, learned counsel who undertakes to file Vakalatnama within a week.

5. Since LCR is available and the matter is otherwise ready, list it in the week commencing 4th August 2025 for hearing.

(Sashikanta Mishra) Judge

Narayan