Pravat Kumar & Ors vs Saraswati Prusty & Ors
2025 Latest Caselaw 5385 Ori

Citation : 2025 Latest Caselaw 5385 Ori
Judgement Date : 26 March, 2025

Orissa High Court

Pravat Kumar & Ors vs Saraswati Prusty & Ors on 26 March, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   RSA No. 415 of 2016

            Pravat Kumar & Ors.              .....                        Appellants

                                                            Mr. M. Mohanty, Advocate
                                             -Versus-
            Saraswati Prusty & Ors.          .....                      Respondents



                                          CORAM:
                       THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
                                                      ORDER

25.03.2025

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

2. At the top of the order sheet dated 17.03.2020, the nomenclature of the case be corrected as 'RSA' instead of 'W.P.(C)'.

3. Necessary correction be carried out.

4. Heard Mr. Maheswar Mohanty, learned counsel for the appellants.

5. Perused the impugned judgments. Considering the submissions made and the grounds raised, the second appeal is admitted on the following substantial question of law.

"(i) Whether the lower appellate Court was correct in reversing the judgment of the trial Court ignoring the finding of the trial Court that the suit is barred by Order 2 Rule 2 of CPC.?

(ii) Whether the learned lower appellate Court having given finding that plaintiff had committed fraud in getting decree vide Ext. D' has erred in law in holding that Order -2 Rule 2 of C.P.C. does not apply to present suit?

4. Issue notice to the respondents by registered post, returnable within four weeks. Requisites be filed within three working days.

5. Call for the LCR.

6. List this matter in the week commencing 7th July, 2025.

(Sashikanta Mishra) Judge

Order No. Issue notice as above. Accept one set of process fee.

04.

(Sashikanta Mishra) Judge A.K. Rana

Designation: Personal Assistant

Date: 26-Mar-2025 10:26:27