Dhirenbala Acharya v. Suresh Chandra Das
Case brief
What is this about?
Second appeal dismissed for non-prosecution (Orissa HC, RSA No.42 of 2023, 01.02.2024, Justice D. Dash): sole appellant Dhirenbala Acharya deceased; counsel Maheswar Mohanty obtained no instructions, took no steps and was absent; Appeal and I.As. dismissed. No statute, precedent, framed legal issue or monetary quantum involved. Respondents: Suresh Chandra Das & Others (K.K. Swain for R.1). Order line simultaneously lists R.S.A. No.1539 of 2023 and R.S.A. No.1538 of 2023.
What did the court decide?
With the death of the sole Appellant, and learned counsel for the Appellant having been given sufficient opportunities to obtain instructions and take the necessary steps to pursue the Appeal yet doing nothing and being absent when the matter was called, the Appeal could not be prosecuted further. ¶14