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ORISSA HIGH COURT, CUTTACK
ANANDA CHANDRA BEHERA
Purnendu Panigrahi – Appellant
Versus
Debmani Atha, (dead) – Respondent
| Table of Content |
|---|
| 1. case background and petitioners' circumstances. (Para 1 , 2 , 3) |
| 2. opposite parties' objections to cmapl. (Para 4) |
| 3. delay in hearing of r.s.a. no.41 of 2011. (Para 6) |
| 4. principles from apex court regarding natural justice. (Para 7 , 9) |
| 5. court's analysis on justice and rights. (Para 8 , 10) |
| 6. final order allowing cmapl. (Para 11 , 12 , 13 , 14 , 15) |
JUDGMENT :
1. This CMAPL has been filed by the petitioners (those were the appellants in the Regular Second Appeal vide R.S.A. No.41 of 2011) against the Opposite Parties (those were the respondents in the Regular Second Appeal vide R.S.A. No.41 of 2011) praying for readmission of the R.S.A. No.41 of 2011 after setting aside its dismissal order passed on dated 05.10.2023.
He (appellant No.3 Bimelndu Panigrahi) was looking after that R.S.A. on behalf of other appellants. He (appellant No.3- Bimelndu Panigrahi) expired on 16.06.2021 and unfortunately, their engaged learned Sr. Counsel Mr. J.M. Mohanty in R.S.A. No.41 of 2011 also expired.
3. The above default of the petitioners (appellants in that R.S.A. No.41 of 2011) was neither deliberate nor intentional, but on account of the above unfortunate incidents as stated above
The court ruled that the non-appearance due to the death of the appellant and counsel did not constitute deliberate fault, warranting restoration of the appeal to ensure justice and uphold civil righ....
Court emphasized that substantial justice prevails over technical grounds, allowing for readmission of an appeal dismissed for the absent appearance of counsel.
Parties should not suffer for counsel's inadvertent mistakes, and uncontroverted affidavit claims must be accepted, reinforcing principles of natural justice.
Judicial discretion under Order IX Rule 4 C.P.C. is crucial, and a liberal approach should be taken to allow restoration of suits for effective adjudication, especially when circumstances affecting n....
Inherent power to review exists when decisions are made without jurisdiction, allowing for restoration of appeal to avoid injustice.
Plaintiff may withdraw a suit with court permission if necessary parties are deceased, without affecting co-defendants' separate interests.
An appeal cannot be dismissed on merits when the appellant remains absent, as per Order 41 Rule 17(1) of C.P.C.
A litigant should not suffer due to the negligence of their counsel, and courts must consider sufficient cause for delays with a justice-oriented approach.
Counsel must notify the court of a party's death and provide legal heirs' details; failure leads to abatement under Order 22 Rule 10A of CPC.
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