Jamunarani Nayak Vs Manoj Kumar Nayak — Orissa HC (2026) — LawSathi Research

Jamunarani Nayak Vs Manoj Kumar Nayak — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No transfer was effected; the petition was disposed of with observations directing the Judge, Family Court, Cuttack to take up and deal with C.M.A. No.60 of 2025 as expeditiously as possible and to consider the 2023 filing/cause of action.

Issue for consideration

Whether a petition under Order 9 Rule 13 CPC seeking restoration (setting aside of an ex-parte judgment) can be transferred for consideration to another Court which did not pass the ex-parte judgment and decree. +1 more

Court's answer

In view of the petitioner's submissions (per which the Court need not pursue the transferability question framed on 02.02.2026), the Court disposed of the transfer petition without recording any ruling on whether an Order 9 Rule 13 CPC restoration petition can be transferred to a court that did not pass the ex-parte judgment.

Ratio / Principle

The Court observed that the learned Judge, Family Court shall take up and deal with C.M.A. No.60 of 2025 as expeditiously as would be possible, depending on the number of cases pending before that court.

Key takeaways

The Court further observed that the learned court shall consider the fact that the C.P. was filed in the year 2023, indicating cause of action arising in the year 2023.ratio¶19

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, TRP (C) No.17 of 2026 (Justice Mruganka Sekhar Sahoo), order dated 20.03.2026: Jamunarani Nayak (petitioner-wife) had sought transfer of her C.M.A. No.60 of 2025 — filed under Order 9 Rule 13 of CPC before the learned Judge, Family Court, Cuttack for setting aside an ex-parte judgment dated 20.07.2024 rendered in C.P. No.543 of 2023 — to another court. At the hearing of 02.02.2026 the High Court had posed for consideration the question whether a restoration petition under Order 9 Rule 13 C.P.C. can be transferred to be considered by another Court which apparently did not pass the ex-parte judgment and decree. When the matter was taken up on 20.03.2026, the petitioner's counsel submitted that the Court need not pursue that question and that the Family Court, Cuttack may dispose of C.M.A. No.60 of 2025 as expeditiously as possible. In view of those submissions, the Court disposed of the transfer petition, observing that the Judge, Family Court, Cuttack shall take up and deal with C.M.A. No.60 of 2025 as expeditiously as would be possible depending on the number of cases pending before that court, and shall consider that the C.P. was filed in 2023, indicating cause of action arising in 2023. No ruling was recorded on the transferability of Order 9 Rule 13 restoration petitions.

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP (C) No.17 of 2026

Jamunarani Nayak

Petitioner

Mr. B. Pujari, Advocate

-versus-

Manoj Kumar Nayak

…. Opp. Party

CORAM: JUSTICE MRUGANKA SEKHAR SAHOO

ORDER

20.03.2026

(Hybrid Mode)

Order No.

03. 1 . The petitioner-wife is before this Court seeking transfer of the petition filed by her i.e. C.M.A. No.60 of 2025 pending before the learned Judge, Family Court, Cuttack. The said CMA has been filed under Order 9 Rule 13 of CPC for setting aside of ex-parte judgment dated 20.07.2024 in C.P. No.543 of 2023.

2. The matter was heard at some length on 02.02.2026 and after the deliberation in the Court, the following order was passed:

“2. Learned counsel for the petitioner shall address on the point whether for consideration of a petition under Order 9 Rule 13 C.P.C. seeking restoration the matter can be transferred to be considered by another Court which apparently did not pass the ex-parte judgment and decree.”

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3. Today when the matter is taken up, it is submitted by the learned counsel for the petitioner that at this stage this Court need not go into the question as was discussed and noted above in paragraph-2 of order dated 02.02.2026. It is submitted that the learned Judge Family Court, Cuttack may consider the C.M.A. No.60 of 2025 and dispose of it as expeditiously as possible.

4. In view of the aforesaid submissions, the petition is disposed of observing that the learned Judge, Family Court shall take up and deal with CMA No.60 of 2025 as expeditiously as would be possible depending on the number of cases of pending before the learned court. The learned court shall consider the fact that the C.P. was filed in the year 2023 indicating cause of action arising in the year 2023.

5. With the above observations, the petition is disposed of.

(Mruganka Sekhar Sahoo)

Judge

jyostna

Signature Not Verified

Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: OHC Date: 25-Mar-2026 12:56:44

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