The Single Judge allowed a CMAPL recalling an order that dismissed a First Appeal without hearing the parties due to their non-appearance. The Court restored the appeal to file and remanded it to the assigned bench for hearing on merits.
The CMAPL was allowed, the order dated 16.10.2019 was recalled, and F.A.O. No.354 of 2018 was restored to file.
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
CMAPL No.909 of 2019
Kamalakanta Pradhan
Petitioner
Mr.S.Jena, Advocate
-versus-
State of Odisha and others
…. Opposite Parties Mr.P.C.Das, A.S.C.
CORAM: JUSTICE A.K.MOHAPATRA
ORDER
Order No.
22.09.2023
Page 1 of 2
// 2 //
another ). On a careful examination of the order dated 16.10.2019, this Court is of the view that the order was passed without hearing the parties, which is evident from the order itself. The proceeding that was disposed of being a statutory appeal should not have been disposed of without hearing the parties to the said F.A.O.
bench.
RKS
Signature Not Verified
Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 28-Sep-2023 16:52:46
Page 2 of 2
1 issue framed by the court
Whether the single judge's order dismissing the First Appeal without hearing the parties should be recalled in the interest of justice.
Colour shows how this judgement treated each authority
State of Odisha and another v. Anup Kumar Senapati and anotherReferred¶15
State of Odisha and another v. Anup Kumar Senapati and another
Kamalakanta Pradhan
State of Odisha
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
