The Court held that due to the amendment by Orissa Act 7 of 2010, the appeal does not lie. The Registry was directed to return the brief to the appellant to present before the competent court within fifteen days, with a note of pendency.
Registry directed to return brief to appellant to be presented before competent court within fifteen days.
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.
RFA No.300 of 2010
02. 08.01.2016 In view of amendment vide Orissa Act 7 of 2010 publish
ed in Orissa Gazette on 23.09.2010 and 03.11.2010 amendment brought to Section 16 of Odisha Ci
vil Courts Act, 1984, this appeal does not lie to this Court.
In view of the above, Registry is directed to return the brief to the
learned counsel for the appellant to be presented before the competent court within a period o
f fifteen days of receipt of a copy of this order and on substituting photo copy of the brief.
It is made clear that the learned court below while dealing with the q
uestion of limitation, if any, may take into consideration the period of pendency of appeal be
fore this Court.
ss ..
K.R. Mohapatra, J.
bks
bks
1 issue framed by the court
Whether the appeal lies under the amended Section 16 of Odisha Civil Courts Act, 1984 in light of Orissa Act 7 of 2010
1 provisions across 1 enactments
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court