This bench dismissed a C.M.P. challenging an order refusing to entertain a CPC application on the ground that it was moved by a wrong party regarding suit property interest.
The C.M.P. stands dismissed.
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
C.M.P. No.316 of 2022
Seshadev Rout
…. Petitioner(s) Mr. T. Nanda, Advocate
-versus-
Collector, Bolangir & Anr.
…. Opposite Party(s) Mr. R.P. Mahapatra, Addl. Govt. Adv.
CORAM: JUSTICE BISWANATH RATH
ORDER
25.04.2022
Order No.
1. Mr. Nanda, learned counsel for the Petitioner opposes entertainability of the application U/o.1 Rule 10 of C.P.C. by the trial Court on the premises of being moved by a wrong party. For the opinion of this Court, once a party is interested over the suit property and has any stake, it has to succeed on its own pleadings. Such orders are of prima facie in nature and ultimately merit involved therein is the subject matter of trial. For Mr. Nanda’s submission that instead of Primary School on the other hand the High School should have come, if at all there is any suffering by such Institution involving the suit property, this Court finds, 3rd party has to succeed on its own case and plaintiff cannot feel prejudiced in such attempts.
In the circumstance, this Court declines to interfere in the impugned order.
2. The C.M.P. stands dismissed.
(Biswanath Rath)
Ayaskanta Jena
Page 1 of 1
1 issue framed by the court
Whether a C.P.C. application moved by a wrong party should be entertained by the trial Court.
Seshadev Rout
Collector, Bolangir
Anr.
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
