Soudamini Routray v. Giridhari Prusty
Case brief
What is this about?
The High Court of Orissa set aside a High Court Original Side Civil Miscellaneous Petition dismissing a petition under Order IX Rule 7 CPC. The court held that the petitioner, despite postal endorsement of refusal, was entitled to an opportunity to adduce evidence regarding hospital admission. The matter was remitted for fresh hearing.
What did the court decide?
Impugned order setting aside the earlier court order rejected the petitioner's application under Order IX Rule 7 CPC was set aside and the matter remitted to the trial court for fresh hearing with an
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK CMP NO. 1090 OF 2022 Soudamini Routray .... Petitioner Mr. Hrudananda Mohapatra, Advocate -versus-
Giridhari Prusty and another …. Opp. Parties Mr. Budhiram Das, Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
24.11.2022
- This matter is taken up through hybrid mode.
- The Petitioner in this CMP seeks to assail the order dated 21st October, 2022 (Annexure-4) passed by learned Senior Civil Judge, Puri in C.S. No.447 of 2021, whereby an application filed by her under Order IX Rule 7 C.P.C. has been rejected.
- Mr. Mohapatra, learned counsel for the Petitioner submits that the Defendant No.1 is the Petitioner in this CMP. The suit has been filed for specific performance of contract. It is alleged in the plaint that the Defendant No.1-Petitioner has executed the agreement for sale of the suit land in favour of Plaintiff. Thus, the Defendant No.1-Petitioner has a vital role in adjudication of the suit. The Defendant No.1-Petitioner was set ex parte relying upon an endorsement made by the Postal Department to the effect that she refused to receive the summons. He further submits that the Defendant No.1-
Issues for consideration
1 issue framed by the court
Whether the High Court should remand the application for setting aside ex parte summons order to grant a hearing opportunity despite the lower court's view that the party refused service based on post
Parties & counsel
- petitioner
Soudamini Routray
- respondent
Giridhari Prusty
Coram
K.R. Mohapatra
Case details
As recorded by the court registry
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