Petitioner challenged an order rejecting a prayer to recall a prior ex-parte order obtained under Order IX Rule 13 CPC. The court dismissed the contemptment petition noting the underlying order was unchallenged and thus could not be challenged indirectly.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP NO. 1200 OF 2022
Subash Chandra Sahoo and others
.... Petitioners
Mr. Ajaya Kumar Jena, Advocate
-versus-
Kali Thakurani and another …. Opp. Parties
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
15.12.2022
Page 1 of 2
// 2 //
stated to be prejudiced is not under challenge, a prayer refusing to recall the said order cannot probably be challenged in this
CMP.
application.
(K.R. Mohapatra) Judge
bks
Page 2 of 2
1 issue framed by the court
Whether a contemptment petition under Section 151 CrPC can be entertained when the underlying ex-parte order under Order IX Rule 13 CPC is not under challenge.
2 provisions across 1 enactments
Subash Chandra Sahoo and others
Kali Thakurani and another
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
