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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Sk. Gul Mahammad Khan(dead) – Appellant
Versus
Malati Sahu – Respondent
| Table of Content |
|---|
| 1. petitioners seek restoration of appeal after dismissal. (Para 1 , 2 , 3) |
| 2. opposite parties did not contest the petition. (Para 4 , 5 , 6) |
| 3. court emphasizes principles of natural justice and uncontroverted affidavits. (Para 7 , 8) |
| 4. merit-based allowance of the cmapl. (Para 9) |
| 5. restoration of 2nd appeal and final disposition of cmapl. (Para 10 , 11 , 12) |
ORDER :
1. This is a CMAPL under Chapter 8 of Rule 30 of the ORISSA HIGH COURT RULES read with Section 151 of the CPC , which has been filed by the petitioners (those were the appellants in the 2nd Appeal vide S.A. No.95 of 1990) against the Opposite Parties (those were the respondents in the 2nd Appeal vide S.A. No.95 of 1990) praying for setting aside the dismissal Order dated 12.08.2024 passed in the 2nd Appeal vide S.A. No.95 of 1990 and to restore the same.
3. So, after dismissal of the 2nd Appeal vide S.A. No.95 of 1990 of the petitioners on dated 12.08.2024, they (petitioners) filed this CMAPL praying for setting aside that dismissal order and to restore the same to its original stage on the ground that, the poor litigants i.e. the petitioners (those were the appellants in S.A. No.95 of 1990) should not s
Parties should not suffer for counsel's inadvertent mistakes, and uncontroverted affidavit claims must be accepted, reinforcing principles of natural justice.
Court emphasized that substantial justice prevails over technical grounds, allowing for readmission of an appeal dismissed for the absent appearance of counsel.
The Civil Procedure Code's function is to ensure fair hearings on merits, not to dismiss cases based on technical defaults.
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....
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....
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.
The mentioning of a wrong provision or non-mentioning of a provision does not invalidate an order if the court had the requisite jurisdiction.
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