The Court addressed the maintainability of a First Appeal File Appeal Order. Counsel argued it should be a First Appeal under CPC Section 96. The Registry was directed to convert the appeal and proceed accordingly.
Registry directed to convert the present appeal to a First Appeal under CPC Section 96.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.304 of 2009
Director of Fisheries
Appellant
-versus-
M/s. Mechem Pvt. Ltd.
…. Respondent
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
15.07.2022
Order No 09. 1. This matter is taken up through Hybrid Mode.
3. It is submitted by the learned counsel for the Appellant that against the impugned order, the appeal filed under Order 21, Rule 58(4) of C.P.C is not maintainable and it would be a First Appeal under Section-96 of the C.P.C.
4. In view of such submission made by the learned counsel for the Parties, Registry is directed to convert the Present Appeal to a First Appeal and proceed accordingly.
5. The FAO stands disposed of accordingly.
(Biraja Prasanna Satapathy)
Judge
Subrat
1 issue framed by the court
Whether the appeal filed against a revision order is maintainable under Order 21 Rule 58 C.P.C or should be treated as a First Appeal under Section 96 C.P.C
2 provisions across 1 enactments
Director of Fisheries
M/s. Mechem Pvt. Ltd.
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
