The High Court of Orissa dismissed a civil miscellaneous petition challenging the rejection of a Section 47 C.P.C. petition. The petitioner, already set ex parte in execution proceedings without having succeeded in setting aside that order, was held to have no locus standi to proceed.
CMP No. 218 of 2022 dismissed; OJC No. 656 of 1978 record to be returned.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK CMP NO. 1018 OF 2022
D. Ananda Rao Dora
.... Petitioner
Mr. Abinash Routray, Advocate
-versus-
S.D.O., Sonepur
…. Opp. Party
Mr. Swayambhu Mishra, Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
21.11.2022
“Both parties have filed a joint petition
of compromise.
Let the writ application be disposed of in terms of the compromise petition.
Parties to bear their own costs.”
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// 2 //
Page 2 of 3
// 3 //
Hence, learned Courts have committed no error in dismissing the application under Section 47 C.P.C. as not maintainable.
Urgent certified copy of this order be granted on proper application.
bks
Page 3 of 3
2 issues framed by the court
Whether a judgment debtor who has been set ex parte without its order being set aside has locus standi to file a petition under Section 47 C.P.C. in execution proceedings?
Whether the execution court and revisional court erred in rejecting the Section 47 petition as not maintainable?
2 provisions across 1 enactments
D. Ananda Rao Dora
S.D.O., Sonepur
KR Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
