Rajendra Patra vs Berhampur Municipality
2025 Latest Caselaw 9905 Ori

Orissa High Court

Rajendra Patra vs Berhampur Municipality on 12 November, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                           SA No.338 of 1988
              Rajendra Patra            ....          Appellant


                                                      None

                                  -versus-

              Berhampur Municipality         ....    Respondent


                               Mr. Ramesh Sahoo, Advocate

                              CORAM:
                THE HON'BLE MR. JUSTICE S.K. SAHOO
                THE HON'BLE MR. JUSTICE S.S. MISHRA
                              ORDER

Order No. 12.11.2025

13. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

None appears for the appellant.

This Second Appeal, which has been filed by the appellant- Rajendra Patra challenging the judgment dated 25.08.1988 and 09.09.1988 respectively passed by the learned 1st Additional District Judge, Ganjam, Berhampur in Money Appeal No.8/88(5/87 GDC) has been referred to this Bench to answer the following reference:

"Whether the Municipality can sue or be sued without being represented by any person ?

When the matter was listed before us on 29.10.2025, we enquired from Mr. Ramesh Sahoo, learned counsel for the respondent, who is appearing for the Berhampur Municipal Corporation as to whether anything survives to be adjudicated in this Second Appeal or not in view of passage of time and asked him to obtain instruction in that regard.

Mr. Sahoo, learned counsel, on instruction submits that the suit was filed in the year 1979 being Money Suit No.61/79 and the prayer was made for recovery of amount of Rs.4783.05 as the arrear.

Learned counsel for the Municipal Corporation submits that in view of the paltry amount involved in this case, the Municipal Corporation is ready and willing to right off the amount and, therefore, the matter may be disposed of keeping the point of law open to be adjudicated in the appropriate case.

In view of such submission, the Second Appeal is disposed of. However, the point for reference is kept open to be adjudicated in the appropriate case.

( S.K. Sahoo) Judge

Designation: Personal Assistant ( S.S. Mishra) Reason: Authentication Location:Subhasis High Court of Orissa, Cuttack. Judge Date: 12-Nov-2025 20:01:15