Writ petition rejected challenging a lower court order refusing a widow's application to participate in another party's claim petition for compensation in a motor accident case. Court found no infirmity in the lower court's reliance on CPC Section 2(11).
Writ petition dismissed; order of rejection of the application to participate in proceedings upheld.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.9156 of 2020
Manjula Naik .……. Petitioner Mr. I. Palbabu, Adv. -Versus- Sanjay Kalia & others .……. Opposite Parties
Order No. 03.
CORAM: JUSTICE C.R. DASH ORDER 06.09.2021 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel for the petitioner. 3. The married sister of the deceased, who died in a vehicular accident, has filed this writ petition against rejection of her petition filed before the learned 1st MACT, Mayuabhanj, Baripada under Order-1, Rule-10 CPC on the ground that she, being, a dependant of her deceased brother, is entitled to get compensation out of the award by the MACT.
been rejected, vide order dated 22.08.2019, the present writ petition has been filed.
………………………….
(C.R. Dash)
JUDGE
Subha
2 issues framed by the court
Whether the cited order interpreting Section 2(11) of CPC regarding participation in proceedings was free from infirmity.
Whether the widow of the deceased was entitled to participate in the quantum proceedings under Order I Rule 10 of CPC.
2 provisions across 1 enactments
Manjula Naik
Sanjay Kalia & others
C.R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
