Sagarika Das v. Tushar Kanti Das
Case brief
What is this about?
Orissa HC order dated 08.05.2024 (Justice K.R. Mohapatra): CMP No.143 of 2024 of Sagarika Das v. Tushar Kanti Das and another dismissed for non-prosecution after the Court refused a repeat adjournment sought by the petitioner's side (advocate Nirakar Behera; arguing counsel Mohanty unavailable). The filing had targeted the judgment dated 25.11.2023 in FAO No.36 of 2022 (1st Additional District Judge, Baripada) which confirmed the 11.10.2022 dismissal (Annexure-7) by Additional Civil Judge (Senior Division), Baripada of an application under Order XXXIX Rules 1 and 2 CPC in IA No.83 of 2019 arising out of CS No.477 of 2019. Useful chiefly for adjournment-policy/non-prosecution practice; carries no substantive interim-relief (Order XXXIX R.1 & 2) jurisprudence and cites no precedent.
What did the court decide?
Not inclined to grant a further adjournment (the matter having already been adjourned once at the petitioner's counsel's prayer), the Court directed the petitioner's counsel to argue the CMP notwithstanding that the arguing counsel was away.