Back
B. P. ROUTRAY
Keshab Chandra Badu Mohapatra (Since Dead) Represented By Biranci Narayan Batu – Appellant
Versus
Managing Trustee of Sri Katyayani Trust, Brundaban – Respondent
JUDGMENT
B. P. Routray, J. - The matter is taken up through hybrid mode.
2. Heard Mr. D. Nanda, learned counsel for the Appellant, Mr. S.P. Mishra, learned Senior Counsel along with Mr. Arjun Narayan, learned counsel for Respondents 1 and 2 and Ms. S. Das, learned counsel for Respondents 4, 5, 7 and 8.
3. Mr. Nanda, learned counsel for the Appellants instead of arguing the matter which was heard in-part on the last occasion, presses I.A. No.3 of 2022 wherein a prayer is made to permit the deity, i.e. Sri Katyayani Thakurani Bije, Bhubaneswar to be represented through Managing Trustee as well as one Suresh Kumar Routray, as the representative of Hindu Public.
4. It needs to be mentioned here that Mr. Nanda argued the matter extensively on last occasion without pressing for I.A. No.3 of 2022 and today he is pressing this I.A on these technicalities. It is important to record here that, the appeal was initially filed by five Appellants and by order dated 4th March 2016, this court has clearly permitted the representative of Hindu Public to pursue the appeal. So the prayer in I.A. No.3 of 2022, which is pressed today, lost its significance and Mr. Nanda, who was earlier permitted to argue
The court's decision was based on the principle that when an appeal is already permitted to be pursued by a representative, additional prayers for representation may be deemed unnecessary.
An appellate court may dismiss an appeal for non-prosecution where the appellant consistently fails to appear or be represented on the dates fixed for hearing.
Statutory appeal under Section 69 TN HR&CE Act available; writ court may direct representation as appeal.
A deity is a juristic person and can sue as an indigent person under Order 33, Rule 1, CPC. However, a suit instituted by the next friend without obtaining the leave of the court to institute the act....
Competence of the Trial Court to determine the issue of representation in civil suit proceedings under Article 227 of the Constitution of India.
Principle of natural justice mandates that parties must be adequately represented in adjudicatory proceedings; denial of representation may void decisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
