Deepanjali Mohanta v. None
Case at a glance
- Bench
- SANJAY KUMAR MISHRA
Outcome
Dismissed
absent on call, the Transfer Petition stands dismissed for
Provisions considered
Key paragraphs
- Para 44. However, as the learned Counsel for the Petitioner is absent on call, the Transfer Petition stands dismissed for non-prosecution giving liberty to the Petitioner to file appropriate application for restoration, if any cause of action still survives.
Judgment
ORDER 17.06.2025 This matter is taken up through hybrid mode.
Learned Counsel for the Petitioner is absent on call. Though, pursuant to order dated 20.12.2019, notice was issued to Opposite Party, as per the office note, neither A.D. showing service of notice nor the un-served notice has returned. Hence, in view of the provisions enshrined under sub-rule 5 of rule 9 under order 5 of CPC, read with section 27 of the General Clauses Act, 1897, notice on the said Opposite Party is deemed to be sufficient.
Operative part
However, as the learned Counsel for the Petitioner is absent on call, the Transfer Petition stands dismissed for non-prosecution giving liberty to the Petitioner to file appropriate application for restoration, if any cause of action still survives.
Interim order dated 20.12.2019 passed in I.A. No.463 of 2019 stands vacated.
Office is directed to communicate a copy of this order to the Court below. Prasant Judge (S.K. Mishra) Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 17-Jun-2025 16:12:43
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: absent on call, the Transfer Petition stands dismissed for
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908.
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.