Sunakar Jena Vs Basanti Swain — Orissa HC (2026) — LawSathi Research

Sunakar Jena Vs Basanti Swain — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Observation/direction enabling the petitioner to seek an appropriate remedy under Order IX Rule 9 CPC before the Judge, Family Court, Bhubaneswar within four weeks, to be dealt with in accordance with law after giving due opportunity to all parties; pendency before this Court to be excluded from computation of any delay if the petition is filed within the four-week window.

Issue for consideration

Whether the petitioner, whose proceedings in C.P. No. 658 of 2011 before the Family Court, Bhubaneswar were dismissed for default, has a remedy available under Order IX Rule 9 CPC.

Court's answer

The petitioner has a remedy available under Order IX Rule 9 CPC before the learned Judge, Family Court.

Ratio / Principle

If the petitioner moves the court within a period of four weeks seeking appropriate remedy under the provisions of law as would be applicable, the learned court shall deal with the same in accordance with law after giving due opportunity to all the parties.

Key takeaways

The period of pendency of the application before this Court shall be excluded for calculation of period of delay, if any, if the petition is filed within four weeks as directed.ratio¶19

Detailed headnote1 paragraphs

Single-judge order of the High Court of Orissa at Cuttack (Justice Mruganka Sekhar Sahoo, 22.01.2026) disposing of WP(C) No. 22451 of 2025, in which Sunakar Jena (petitioner-husband) challenged the order dated 20.12.2023 passed by the Judge, Family Court, Bhubaneswar in C.P. No. 658 of 2011, whereby the case was dismissed for default after the petitioner repeatedly failed to appear and adduce evidence. The Court observed that the petitioner has a remedy available under Order IX Rule 9 CPC before the Family Court; that if he moves the court within four weeks seeking appropriate remedy, the learned court shall deal with the same in accordance with law after giving due opportunity to all parties; and that the period of pendency of the application before this Court shall be excluded for calculation of period of delay if the petition is filed within the directed four weeks.

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 22451 of 2025

Sunakar Jena

…. Petitioner

Mr. S. Dash, Advocate -versus- Basanti Swain …. Opp. Party

…. Opp. Party

CORAM:

JUSTICE MRUGANKA SEKHAR SAHOO

ORDER

22.01.2026

Order No. Hybrid Mode

04. 1. Heard learned counsel for the petitioner.

2. Notice issued by the coordinate Bench vide order dated 18.08.2025 has been returned unserved.

3. In the writ petition the petitioner-husband challenges the order passed by the learned Judge, Family Court, Bhubaneswar dated 20.12.2023 in C.P. No. 658 of 2011. By the said order the learned Judge, Family Court observed thus :

“Both parties are absent. No steps taken either. On perusal of the case record, it is seen that the case has been lingering since long for evidence, of the petitioner. Today, neither the petitioner is present nor any step taken on behalf of him. Inspite of ample opportunities given to him, he is unable to adduce his evidence.Today, he also failed to do so. Further, it seems that petitioner is not interested to proceed further with this anymore. Thus, the further proceeding of this case need not be required and hence, the case is dismissed for default.”

4. In considered opinion of this Court petitioner has a remedy available under Order IX Rule 9 CPC before the learned Judge, Family Court. Accordingly it is observed that if the petitioner

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moves the court within a period of four weeks seeking appropriate remedy under the provisions of law as would be applicable, the learned court shall deal with the same in accordance with law after giving due opportunity to all the parties.

5. Accordingly the petition stands disposed of.

Period of pendency of application before this Court shall be excluded for calculation of period of delay if any, if petition is filed within four weeks as directed.

(Mruganka Sekhar Sahoo) Judge

dutta

Signature Not Verified

Digitally Signed Signed by: AJIT KUMAR DUTTA Reason: Authentication Location: ohc Date: 28-Jan-2026 17:42:46

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