CMP filed under Section 151 CPC against an order rejecting prayer to recall a prior order denying hearing opportunity dismissed as petitioner failed to challenge the substantive order which was not under challenge.
CMP stood dismissed as the substantive order was not under challenge.
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. 1201 OF 2022
Rahasa Bihari Pati
.... Petitioner
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 //
to be prejudiced is not under challenge, a prayer refusing to recall the said order cannot probably be challenged in this CMP.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra) Judge
bks
Page 2 of 2
1 issue framed by the court
Whether a Common Miscellaneous Petition filed to recall an impugned order rejecting a prayer to provide an opportunity of hearing can be successfully challenged when the substantive order prejudicial
1 provisions across 1 enactments
Rahasa Bihari Pati
Kali Thakurani
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
