Dismissed
Banamali v. Paramananda
Orissa HCOJC/10325/1996
Case brief
AI extract
What is this about?
The writ petition was dismissed due to lack of instruction and failure to file substitution petitions for deceased opposite parties, with liberty to approach again.
What did the court decide?
Writ petition dismissed; liberty to approach again if cause of action survives.
What the court decided
AI extract
¶1
O.J.C No.10325 of 1996
15.05.2017
¶2
On his appearance learned counsel for the petitioner submits that he has no instruction in the
matter. It appears, there are so many memos filed indicating therein death of some parties. T
he matter was also adjourned earlier giving liberty to the learned counsel for petitioner to f
ile a substitution petition, but no substitution in respect of the opposite party Nos.1, 7 & 1
0 have even been filed as on date. A memo is also filed indicating therein that the opposite p
arty Nos.4 & 5 have died in the meantime. The memo be kept on record.
Accordingly the writ petition stands dismissed but however, giving liberty to the peti
tioner to approach again in the event, any cause of action still survives.
¶3
(Biswanath Rath, J.)
¶4
2
Parties & counsel
AI extract
- petitioner
Petitioner
- respondent
Opposite Party No.1
- respondent
Opposite Party No.7
- respondent
Opposite Party No.10
- respondent
Opposite Party No.4
- respondent
Case details
As recorded by the court registry
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