Signed by: MADHUSMITA SAHOO v. Ranjan Kumar Pradhan
Case at a glance
- Bench
- K R MOHAPATRA
Provisions considered
- Code of Civil Procedure, 1908 s. 115(2)
Key paragraphs
- Para 77. The CMP is accordingly disposed of. Interim order dated 7th August, 2024 passed in I.A. No.875 of 2024 stands vacated. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge
Judgment
Mr. Lalit Kumar Maharana, Advocate -versus- Ranjan Kumar Pradhan …. Opp. Party Mr. S.S. Bhuyan, Advocate CORAM: JUSTICE K.R. MOHAPATRA Order No. ORDER 08.10.2024
This matter is taken up through hybrid mode.
Order dated 7th May, 2024 (Annexure-11) passed in Civil Revision No.1 of 2024 is under challenge in this CMP, whereby learned Additional District Judge, Athmallik dismissed the revision holding it to be not maintainable.
Mr. Maharana, learned counsel submits that the Petitioner being the Defendant filed an application under Order VII Rule 11 (a) and (d) CPC to reject the plaint in MAT Case No.27 of 2022. The said application was rejected vide order dated 24th November, 2023. Assailing the same, the Petitioner-Defendant preferred Civil Revision No.1 of 2024, which was taken up for adjudication by learned Additional District Judge, Athmallik. By misinterpreting the proviso to Section 115(2) CPC (Odisha Amendment), learned Additional District Judge, Athmallik dismissed the revision holding that the same is not maintainable. It is his submission that had the civil revision been allowed, it would have disposed of the suit itself by rejecting the plaint. Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Oct-2024 12:09:32 // 2 // Hence, learned revisional Court has committed an error of law in dismissing the revision.
Mr. Bhuyan, learned counsel for the Plaintiff-Opposite Party also submits that learned Additional District Judge, Athmallik has committed an error of law in holding that the revision is not maintainable.
In that view of the matter, this Court without delving into the merit of the case of the Petitioner in the revision, sets aside the order dated 7th May, 2024 under Annexure-11 passed by learned Additional District Judge, Athmallik in Civil Revision No.1 of 2024 and direct learned revisional Court to consider and dispose of Civil Revision No.1 of 2024 on merit giving opportunity of hearing to the parties concerned.
The CMP is accordingly disposed of. Interim order dated 7th August, 2024 passed in I.A. No.875 of 2024 stands vacated. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge
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.