Allowed

Gopinath Nayak v. Anam Charana Jena

Orissa HC22 Sept 2023CMAPL/367/2023

Case brief

AI extract

What is this about?

The Court allowed the petition for restoration of a writ petition (CMP No.100 of 2019) dismissed non-suit due to late filing of requisites. The order dated 18.02.2019 was modified to accept filed requisites and issue notice to the opposite parties.

What did the court decide?

The CMAPL for restoration is allowed; the order dated 18.02.2019 is modified to accept requisites filed on 15.02.2019 and issue notice.

Gopinath Nayak Vs Anam Charana Jena — Civil Procedure and Limitation | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CMAPL No.367 of 2023

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Gopinath Nayak and another

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Petitioners

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Mr.S.K.Nayakm, Advocate

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-versus-

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Anam Charana Jena and others

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…. Opposite Parties

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CORAM: JUSTICE A.K.MOHAPATRA

ORDER

Order No.

22.09.2023

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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This CMAPL has been filed for restoration of CMP No.100 of 2019 by recalling the order dated 18.02.2019.

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Learned counsel for the Petitioners at the outset submitted that the abovenoted CMP has been filed on 28.01.2019. On 05.02.2019 the CMP was directed to be listed before a Bench on 12.02.2019. However, on that day, the matter was not taken up due to call of cessation work of the High Court Bar Association. Again the matter was listed on 13.02.2019. On that day a Bench of this Court issued notice to the Opposite Parties with a further direction to the Petitioners to file requisites by tomorrow, failing which the Petition shall stand dismissed without further reference to the Bench.

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Learned counsel for the Petitioner at this juncture submitted that he could not hear the order properly and was not aware of the peremptory order passed on 13.02.2019. In fact he has filed the requisites on 15.02.2019 for issuance of notice. However, filing of such requisites on 15.02.2019 was not taken note of and by the order of the Deputy Registrar on 18.02.2019 the CMP has been dismissed pursuant to the peremptory order dated 13.02.2019. Since no notice was issued to the Opposite Parties due to delay in filing of the requisites, no notice was issued in CMP. This Court after taking note of all the grounds taken by the Petitioners and considering the fact that requisites have been filed beyond the time that was granted by this Court, this Court is of the considered view that it would be unequal treatment to the Petitioners while dismissing the Writ Petition on the ground of non-filing of requisites and a substantial legal rights of the Petitioners would be obliterate by such order passed on 18.02.2019.

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In view of the aforesaid factual position and further taking into consideration the fact that the requisites have already been filed since 15.02.2019, this Court deems it proper that the CMAPL filed by the Petitioners deserves to be allowed for the larger interest of justice. Accordingly, the CMAPL is allowed. The order dated 18.02.2019 is modified to the extent that requisites filed by the Petitioners on 15.02.2019 be accepted and notice be issued to the Opposite Parties forthwith as has been directed by this Court vide order dated 13.02.2019. So far the interim order dated 13.02.2019 passed in I.A.No.114 of 2019 is concerned, this Court directs that in the event the final decree proceeding has not come to an end, the interim order dated 13.02.2019 be revived and the same shall remain

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operational till the same is varied, modified or vacated by the assigned Bench.

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In the light of the aforesaid observation, the CMAPL is disposed of.

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Registry is directed to list this CMP before the appropriate assigned Bench.

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(A.K. Mohapatra)

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RKS

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Judge

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Signature Not Verified

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Page 3 of 3

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Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 28-Sep-2023 16:52:47

Gopinath Nayak v. Anam Charana Jena

Case brief

What is this about?

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Gopinath Nayak v. Anam Charana Jena

Case brief

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What did the court decide?

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