State of Odisha & Ors. v. ORDER
Case at a glance
Provisions considered
- Code of Civil Procedure, 1908 O. 22 r. 4
Judgment
Mr. U.C. Behura, AGA M. Bhaskar Patra …. Respondent -Versus- Mr. B.K. Parida, Advocate CORAM: JUSTICE KRISHNA S. DIXIT JUSTICE CHITTARANJAN DASH Order No. 03. ORDER 06.07.2026 W.A. No.894 of 2024 I.A. No.573 of 2026 The Respondent-Employee having passed away, an application in I.A. No.573 of 2026 supported by affidavit of the L.R. as well, has been filed under Order 22 Rule 4 of CPC, 1908 seeking to bring the sole L.R. of deceased on record. Learned counsel-Mr. Parida submits that he is authorized to appear for the said L.R. and therefore, application be allowed with a direction to the Appellants to amend the cause title. We agree with this. Application in I.A. No.573 of 2026 is favoured.
Learned counsel appearing for the legal heir of the Respondent-employee submits and learned AGA in all fairness does not dispute that the subject matter of this appeal is substantially similar to the one treated by this Court in W.A. No.1598 of 2024 between State of Odisha v.Basanti Das, heard and disposed off by this Court vide order dated 02.02.2026 negativing challenge of the kind. It hardly needs to be stated that like cases should be decided alike, there being no apparent repugnancy. In the above circumstances, this Appeal fails, coupled with a direction to give effect to learned Single Judge’s impugned order within an outer limit of eight weeks. Web copy of order to be acted upon by all concerned. (Krishna S. Dixit) Judge ( Chittaranjan Dash ) Judge Anisha
Precedent status how later indexed judgments have treated this case
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