Judhistira v. Hari
Case brief
What is this about?
The High Court of Orissa clarified that an issue regarding the legality of an adoption, previously held immaterial in a partition suit, can be raised and examined in a pending revision application.
What did the court decide?
It is clarified that the issue concerning adoption of Defendant No.15 by Defendant No.1 can be raised and examined in the pending RSA No.367 of 2019.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
A.H.O. No.143 of 1995
…. Judhistir Sahu @ Muli Sahu Appellant
Mr. B. H. Mohanty, Advocate
-versus-
Hari Sahu (since deadl) substituted …. Respondents his L.Rs. and others
Mr. N. K. Acharya, Advocate for Respondent No.7(aa)
CORAM: THE CHIEF JUSTICE JUSTICE A. K. MOHAPATRA
ORDER 13.12.2021
Order No.
- The limited prayer that is urged by the Appellant in the present appeal, which is directed against a judgment dated 18th October, 1995 passed by the learned Single Judge in First Appeal No.99 of 1979, is that certain observations made in the impugned judgment in the said First Appeal which was at the instance of Defendant No.1 in a suit for partition, require to be clarified.
Issues for consideration
3 issues framed by the court
Whether an issue regarding the legality of adoption can be raised in a pending revision application notwithstanding an appellate order in a partition suit that deemed the adoption issue immaterial for
Whether the exclusion of the adoption issue in a partition suit precludes its examination in subsequent proceedings affecting the same parties.
Whether a subsequent suit can arise from the decision of the trial Court after the filing of the first appeal.
Parties & counsel
- appellant
Judhistir Sahu @ Muli Sahu
- respondent
Hari Sahu (since deadl) substituted his L.Rs. and others
Coram
A. K. Mohapatra
Case details
As recorded by the court registry
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