Writ petition challenging the High Court of Orissa set aside the trial court order which rejected the petitioner's application to vacate an ex parte decision in civil proceedings.
Impugned order setting aside ex parte application was quashed; petitioner allowed to contest C.M.A. No.24 of 2012 by filing show cause.
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.
Signature Not Verified
Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Sep-2023 18:09:58
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 22252 OF 2013
Bimbadhara Sahoo …. Petitioner Mr. G.N. Parida, Advocate on behalf of Mr. Soumya Mishra, Advocate
-versus-
…. Arjun Charan Sahoo and others Opp. Parties None
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
01.09.2023
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Signature Not Verified
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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Sep-2023 18:09:58
appearance to be 10th September, 2012. But, due to ‘Odisha Bandh’ , the case record was put up on 11th September, 2012. On that date treating the notice on the present Petitioner to be sufficient, he was set ex parte . The matter was then posted to 4th October, 2012. On that date, an application to set aside the ex parte order was filed by the Petitioner, which was rejected on the ground that the Petitioner could not show any cause for his non-appearance on 11th September, 2012. Thus, assailing the said order this writ petition has been filed.
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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Sep-2023 18:09:58
learned trial Court set him ex pate in the proceeding under Order IX Rule 13 CPC (C.M.A. No.24 of 2012). Accordingly, the matter was posted to 4th October, 2012. On the said date, the Petitioner appeared and filed an application to set aside the ex parte order. But, the said application was refused on the ground that the medical certificate submitted by the Petitioner in support of his illness does not show his illness.
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Signature Not Verified
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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Sep-2023 18:09:58
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Judge
ms
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2 issues framed by the court
Whether the impugned order setting the petitioner ex parte in proceedings under Order IX Rule 13 CPC was illegal and liable to be set aside.
Whether the trial court acted illegally in rejecting the petitioner's application to set aside the ex parte order due to bona fide non-appearance.
1 provisions across 1 enactments
Bimbadhara Sahoo
Arjun Charan Sahoo and others
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
