ORISSA AT CUTTACK W.P.(C) No. 16829 of 2015 · Orissa High Court
Case at a glance
- Bench
- K R MOHAPATRA
Outcome
Disposed of
Accordingly, the writ petition is disposed of with an
Provisions considered
- Code of Civil Procedure, 1908 O. IX r. 13
- Family Courts Act, 1984 s. 19(1)
Key paragraphs
- Para 44. Accordingly, the writ petition is disposed of with an observation that the Petitioner, if so advised, may file an appeal // 2 // Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date…
Judgment
Mr. Asim Amitabh Dash, Advocate -versus- …. Opp. Party None D. Nityananda Dora CORAM: JUSTICE K.R. MOHAPATRA Order No.
ORDER 23.04.2024 This matter is taken up through hybrid mode.
The Petitioner in this writ petition seeks to assail the order dated 12th September, 2014 (Annexure-5) passed by learned Judge, Family Court, Berhampur in CMC No.28 of 2014 (arising out of C.P. No.106 of 2011), whereby an application filed by the Petitioner under Order IX Rule 13 CPC, has been rejected on the ground of limitation.
Since a final order has been passed by learned Judge, Family Court, Berhampur in CMC No.28 of 2014, the same is appealable under Section 19(1) of the Family Courts Act, 1984 (for brevity ‘the Act’). This Court has also held in the case of Gyanasis Jena –v- Rekha Swain, reported in AIR 2016 Ori 163 that an order passed in a petition under Order IX Rule 13 CPC is appealable under Section 19(1) of the Act. In that view of the mater, the writ petition against the impugned order under Annexure-5 is not maintainable.
Operative part
Accordingly, the writ petition is disposed of with an observation that the Petitioner, if so advised, may file an appeal // 2 // Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 24-Apr-2024 13:17:32 under Section 19(1) of the Act assailing the order under Annexure-5. While considering the question of limitation, it may be taken into consideration that the writ petition was pending before this Court from 4th December, 2014 till date.
Certified copy of Annexures-3 and 5 shall be returned to learned counsel for the Petitioner on substitution of attested photocopy thereof. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petition is disposed of with an
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. IX r. 13; Family Courts Act, 1984 — s. 19(1).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.