This High Court of Orissa dismissed a writ petition seeking to set aside an order rejecting the petitioner's application to be impleaded in execution proceedings. The Court held that an alleged oral agreement constituting a fresh cause of action is beyond the scope of execution proceedings. Consequently, the writ petition was 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.
Signature Not Verified
Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Dec-2023 10:25:44
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 28754 OF 2011
Ratnamani Puthal …. Petitioner Mr. G.K. Nanda, Advocate
-versus-
Purna Chandra Barik and others
…. Opp. Parties None
CORAM: JUSTICE K.R. MOHAPATRA
ORDER
Order No.
04.12.2023
Page 1 of 2
Signature Not Verified
// 2 //
Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Dec-2023 10:25:44
contract with the Plaintiff-Opposite Party No.4. Learned executing Court rejected the petition on the ground that there is no material on record to show the bona fide of the Petitioner. Further it is held that a fresh cause of action can only be adjudicated in a separate suit. Learned counsel for the Petitioner submits that since the Opposite Party No.4-D.Hr had accepted a sum of Rs.10,000/- towards part consideration for transfer of the suit property in favour of the Petitioner, he should have been impleaded as a party to the execution proceeding.
Urgent certified copy of this order be granted on proper application.
ms
Page 2 of 2
1 issue framed by the court
Whether the petitioner was rightly impleaded as a necessary party in execution proceedings based on an alleged oral agreement claiming a fresh cause of action.
Ratnamani Puthal
Purna Chandra Barik and others
K.R. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
