The High Court disposed of a writ petition challenging an order rejecting a plea to recall a dismissal of a 1995 suit. The court set aside the dismissal, directed issuance of notice to the named defendants, and ordered expedited disposal.
Impugned order setting aside dismissal set aside; notice to be issued to Defendants 2 and 4; suit expedited.
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.
W.P.(C) No. 12896 of 2005
Heard learned counsel for the petitioner and none appears for opposite parties.
This writ petition has been filed assailing the order dated 27.09.2009 passed by learned Civil Judge, Nimapada TS No.1 of 1995 rejecting the petition filed by the present petitioners (plaintiffs) to recall order dated 03.04.2000 dismissing the suit against opposite party Nos. 2 and 4. As it appears, due to non-filing of requisites for issuance of notice to defendant Nos. 2 and 4 for framing of issue, the suit was dismissed. It is the trite law that learned Court should make an endevaour to decide the lis on merit. Taking a lenient view in the matter, this Court sets aside the said order and directs the plaintiffs to take steps on defendant Nos. 2 and 4 by the next date of posting. Since the suit is of the year 1995, learned Civil
2
Judge (Jr. Division), Nimapara shall do well to expedite the matter and parties are directed to cooperate for disposal of the suit at an early date.
With the aforesaid observation, the writ petition stands disposed of.
.................................
K.R. Mohapatra, J.
ss
2 issues framed by the court
Whether the impugned order dismissing the suit due to non-issuance of notice to certain defendants impels the need for recall.
Whether a lenient view can be taken to decide the lis on merit in civil trial proceedings.
Plaintiffs
Defendant Nos. 2 and 4
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
