The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK I.A. No.85 of 2025 (arising out of disposed of CRP No.6 of 2024) Maheswar Moharana & another …. Petitioners -versus- Pradipta Kumar Das and Others ..... Opposite Parties Appeared in this case by Hybrid Arrangement (Virtual/Physical Mode): For Petitioners -
Legal Reasoning
Mr. S. S. Mohapatra, Advocate. For Opposite Parties- Mr. G. N. Parida, Advocate. CORAM: MR. JUSTICE A.C.BEHERA Date of Hearing :27.01.2026 :: Date of Judgment :19.02.2026 A.C. Behera, J. 1.
Decision
This I.A. has been filed by the petitioners in the disposed of CRP No.6 of 2024 praying for some modifications of the final judgment dated 25.02.2025 passed in CRP No.6 of 2024 i.e. to direct the learned Civil Judge (Senior Division), Bhubaneswar to consider the issue i.e. whether the plaintiffs in the suit vide C.S. No.691 of 2023 had given their consent to the defendants in the registered sale deed No.IN- ODO3599872608791U dated 08.04.2022 for selling the suit properties Page 1 of 5 {{ 2 }} to the outsiders as a special issue during the trial of that suit vide C.S. No.691 of 2023 and to dispose of the said suit according to law along with other issues. 2. In the final judgment dated 25.02.2025 passed by this Court in CRP No.6 of 2024, it was observed unambiguously that, the grounds raised by the defendants (petitioners in this I.A. and petitioners in CRP No.6 of 2024) for rejection of plaint of the plaintiffs can only be adjudicated in the judgment of the suit after taking the pleadings and evidence of both the sides into account on the basis of the issues framed therein. So, it is obvious and natural that, the issue, to which, the defendants (petitioners in this I.A.) are interested for framing as a special issue i.e. whether the defendants (O.Ps) had given their consent to the plaintiffs for the execution of the sale deed No.IN- ODO3599872608791U dated 08.04.2022 in favour of the outsiders can be framed and the same can be decided properly in the judgment of the suit along with other issues. 3. As per the mandate of O.14 R.1 of the CPC, 1908, an issue in a suit arises, only when material propositions of fact or law is affirmed by one party and denied by the other. Page 2 of 5 {{ 3 }} Whenever and wherever from the pleadings of parties, an issue of facts or law arises, the law places an obligation upon the Court to frame issue or issues and to pronounce the judgment thereupon. Issues are to be framed only on material propositions of law or fact requiring trial and not all propositions of fact or law, which may be contained in the pleadings and which are not material i.e. on the outcome whereof, the outcome of the suit does not depend. On this aspect, the propositions of law has already been clarified in the ratio of the following decisions:- (i) In a case between Gita Saran Singh Vrs. Sabita Oberoi and another reported in 2016 (4) Civil Court Cases 193 (Delhi) (DB) that, an issue of fact or law arises, when a material propositions of fact or law is affirmed by one party and denied by the other. (ii) In a case between Ghansham Dass Vrs. Dhania and others reported in 2020 (2) RCR (Rent) 572 (P & H), Whenever and wherever from the pleadings of parties, an issue of facts or law arises, the law places an obligation upon the Court to frame such an issue and to pronounce judgment thereupon. However, an issue would only arise when a material propositions of fact or law is affirmed by one party and denied by other. (iii) In a case between Bhupinder Jit Singh Vrs. Sonu Kumar reported in 2018 (1) Civil Court Cases 85 (Delhi) that, Issues are to be framed only on material propositions of law or fact requiring trial and not on all propositions of fact or law, which may be contained in the pleadings and which are not material i.e. on the outcome whereof the outcome of the suit does not depend. Page 3 of 5 {{ 4 }} 4. Here in this I.A. at hand, the petitioners (defendants in the suit vide C.S. No.691 of 2023 & petitioners in CRP No.6 of 2024) have specifically prayed for some modifications in the judgment dated 25.02.2025 passed in CRP No.6 of 2024 directing the learned Civil Judge (Senior Division), Bhubaneswar to frame a special issue in the suit vide C.S. No.691 of 2023, i.e., whether the plaintiffs had given their consent in the sale deed in question to the defendants for selling the suit properties to the outsiders and to dispose of the suit according to law along with other issues and when it is the clarified propositions of law that, whenever and wherever from the pleadings of the parties, issues of facts or law arises, upon which the outcome of the suit depend, then it is the obligation of the Court to frame issue or issues in respect of the same and to pronounce judgment thereupon, then at this juncture, by applying the principles of law enunciated in the aforesaid decisions, the question of modification of the final judgment dated 25.02.2025 passed in CRP No.6 of 2024 to direct the learned Trial Court for framing an issue regarding the consent of the plaintiffs in favour of the defendants for selling the suit properties to the outsiders as a special issue does not arise. Page 4 of 5 {{ 5 }} Because, it is the discretion of a Court to try an issue as preliminary issue or not, as the same depends upon the circumstances of each suit or case. On this aspect, the propositions of law has already been clarified in the ratio of the following decision:- In a case between Narinder Gupta Vrs. Nishu Bala and others reported in 2017 (4) Civil Court Cases 807 (P & H) that, a discretion has been given to the Court to try the issue as a preliminary issue or not according to the circumstances of each case. 5. Therefore, the I.A. filed by the petitioners cannot be allowed. The same must fail. 6. 7. In result, this I.A. filed by the petitioners is dismissed on contest. As such, this I.A. is disposed of finally. Orissa High Court, Cuttack. 19.02.2026//Utkalika Nayak// Junior Stenographer (A.C. Behera), Judge. Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Feb-2026 13:32:24 Page 5 of 5