In an appeal against an order dismissing RFA for default and rejecting stay application, the Court held the lower judge misread Order 41 Rule 19 CPC (which remains in force). The appeal was allowed to readmit and hear the matter on merits.
Impugned order set aside. Lower court directed to readmit appeal and hear on merits. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
F.A.O. No. 715 of 2015
18.01.2016
Heard learned counsel for the appellants.
2. This appeal has been filed assailing order dated 04.11.2015 passed by the lear
ned 2nd Additional District Judge, Puri in C.M.A. No.11/14 arising out of R.F.A. No.41/139 of
2007/2006 rejecting an application under Order 41 Rule 19, CPC. The appeal was earlier dismiss
ed for default on 07.02.2014 for which an application under Order 41 Rule 19, CPC was filed on
11.02.2014 on the ground that step was inadvertently presented before another Court, i.e., be
fore 1st Additional District Judge, Puri.
3. Heard Mr.H.K.Ratsingh, learned counsel for the appellants and Miss S.Mishra, l
earned Additional Standing Counsel for the State.
4. On perusal of the impugned order it appears that the learned 2nd Additional Di
strict Judge, Puri has passed the same by misreading Order 41 Rule 19, CPC. The said provision
is still in force and was never deleted, as held by the learned 2nd Additional District Judge
.
5. In that view of the matter, the impugned order is set aside. Learned 2nd Addit
ional District Judge, Puri is directed to readmit the appeal and hear the same on merit observ
ing due procedure of law. With the aforesaid observation and direction, the appeal is allowed
but in the circumstances there shall be no order as to costs.
Issue urgent certified copy of the order on proper application.
K.R.Mohapatra,
J.
1 issue framed by the court
Whether the impugned order dismissing the appeal was passed by misreading Order 41 Rule 19 CPC and required to be set aside.
1 provisions across 1 enactments
Appellant(s)
State
K.R.Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court