Biranchi Khillar v. Sakuntala Khillar @ Behera
Case brief
What is this about?
Restoration of suit dismissed for default; CS No.13 of 2018 (Civil Judge SD, Champua) dismissed for default on 25.03.2022 for non-appearance of Plaintiff; CMA No.17 of 2022 for restoration allowed by trial court (order dated 20.03.2024); FAO No.3 of 2024 dismissed by Additional District Judge, Champua (order dated 15.02.2025) confirming restoration; CMP No.569 of 2025 by defendant Biranchi Khillar against Sakuntala Khillar @ Behera dismissed by Orissa High Court (B.P. Routray, J.) on 10.9.2025; limitation for filing CMA not questioned by petitioner; advocates A.P. Bose (petitioner) and P.K. Satapathy (opposite party); no statute or precedent cited.
What did the court decide?
Considering the substantial right of the Plaintiff to be adjudicated in the suit, no infirmity is seen either in the order of the trial court restoring the suit or in its confirmation by the 1st Appellate Court.