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2008 Supreme(Ori) 116

I.MAHANTY
Bijaya Kumar Sahu – Appellant
Versus
Namita Parida – Respondent


Advocates:
For Petitioner:M/s. R. C. Sarangi, A. K. Das, P. Prad¬han, D. Panda, L. Pradhan, Suchismita Das and M. Mishra
For Opp. Parties:M/s. I. C. Dash, B. Das, D. Nanda and G. Sabar

JUDGMENT

I. MAHANTY, J. — In the present writ application the petitioner has sought to challenge, an order dated 27.11.2004 passed by the learned Ad hoc Additional District Judge Fast Track Court No. IV, Bhubaneswar in CRP No.3/6 of 2004, refusing to exercise revisional jurisdiction, as well as, the order dated 23.4.2005 passed by the learned Ad hoc Additional District Judge Fast Track Court No. IV, Bhubaneswar rejecting Review Application No. 1/2006.

2. In terms of the impugned order under Annexure-2 dated 27.11.2004 a revision petition was directed against an order under Section 24 of the Hindu Marriage Act, awarding the pendente ¬lite and litigation expenses in favour of the opposite parties passed by Civil Judge Sr. Division, Bhubaneswar.

3. This petition was rejected with a finding that w.e.f. 1.7.2002 the District Court has no jurisdiction to entertain a revision petition under Section 115 of the C.P.C. This conclusion was reached on a finding that in view of the amendment to Section 115 of the C.P.C. made by Act 46 of 1999 (Central Amendment), the earlier Orissa Act of 1991, vesting jurisdiction in the District Judge stood repealed w.e.f. 1.7.2002. Further, the learned Court

























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