Orissa High Court

Trilochan Patra vs Kamala Patra & Others on 14 May, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    R.S.A. No.380 of 2024
            Trilochan Patra                              ......        Appellant

                                                                  Represented by
                                                          Mr. A.P.Bose, Advocate
                                           -versus-

            Kamala Patra & others                           ....      Respondents

                                                                   Represented by
                                                                            None
                    CORAM:
                          JUSTICE SASHIKANTA MISHRA
                                         ORDER

14.05.2025 Order No. 1. This matter is taken up through hybrid mode.

02.

2. Heard Mr. A.P.Bose, learned counsel for the appellant.

3. Perused the impugned judgments.

4. Considering the submissions and the grounds raised, the second appeal is admitted on the following substantial questions of law.

"I. Whether the learned lower appellate court was correct in decreeing the plaintiff's suit in toto when the original defendant no.4 Purna Patra had died on 22.01.2024 and was not substituted and the decree was against a dead person instead of being abated as a whole.

II. Whether the learned lower appellate court was correct in decreeing the suit for partial partition which was the finding of both the courts below.

III. Whether the learned lower appellate court could have decreed the suit when the schedule of the plaint does not tally with the Ext.1 admitted into evidence and more over there was non-joinder of parties in the suit itself."

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

6. Call for the L.C.R.

7. List this matter in the week commencing 22nd September, 2025.

(Sashikanta Mishra) Judge Manoj

Designation: AR-CUM-SENIOR SECRETARY