Seema Pani vs Ramahari Behera & Others
2025 Latest Caselaw 6160 Ori

Orissa High Court

Seema Pani vs Ramahari Behera & Others on 23 June, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No.210 of 2023

            Seema Pani                             ....                 Appellant
                                                           Mr. S. Kar, Advocate
                                              -Versus -
            Ramahari Behera & Others                ....             Respondents
                                                                         None

                         CORAM:
                           JUSTICE SASHIKANTA MISHRA
                                         ORDER

24.06.2025

Order No.

1. This matter is taken up through hybrid mode.

07.

2. Heard Mr.S. Kar, learned counsel appearing for the appellant. Perused the impugned judgments passed by the lower appellate Court as well as the trial Court.

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

(1) Whether the learned courts below are correct in arriving at a conclusion that the pleading and evidence do not meet the requirements of Section-

16(c) of the Specific Relief Act, 1963 when the plaint itself discloses her readiness and willingness to perform her part of contract? (2) Whether the learned courts below have failed to appreciate the provision of Section-20 of Specific Relief Act, 1963 in the present case? (3) Whether the learned courts below acted under misconception with regard to applicability of the provision of Section-17 of Registration Act

while dealing with the issue Nos.6&7 and in ignoring the provision of Section 49 of the said Act?

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

5. Call for the LCR. List this matter in the week commencing 1 st December 2025.

(Sashikanta Mishra) Judge

Narayan