Ashok Kumar Mohapatra v. Charan Sethi
Case brief
What is this about?
Restoration of suit; dismissal of suit as a whole for non-deposit of cost; application under Order 16 Rule 1 CPC allowed in part subject to cost; CMA No. 4 of 2024 dismissed for default/non-prosecution; absence of petitioner No.1 on date of hearing; adjournment not entertained; impugned order under Annexure-3 set aside; CMA restored for fresh consideration with opportunity of hearing; four-week direction to Civil Judge (Jr. Division), Pipili; substitution/impleadment of LRs of deceased opposite party No.1 as 1(a) to 1(d); RFA No. 75 of 2023; High Court of Orissa at Cuttack; CMP; R.K. Pattanaik.
What did the court decide?
Impugned order under Annexure-3 set aside; CMA No. 4 of 2024 restored for disposal according to law; learned Civil Judge (Jr. Division), Pipili directed to freshly consider disposal of CMA No. 4 of 2024 with an opportunity of hearing to petitioner No.1, preferably within four weeks from receipt of a copy of the order; I.A. No. 288 of 2025 allowed impleading LRs as opposite party Nos. 1(a) to 1(d).