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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Bhima Charan Nayak – Appellant
Versus
Harmohan Jena – Respondent
JUDGMENT :
A.C. Behera, J.
This Civil Miscellaneous Petition under Article 227 of the Constitution of India, 1950 has been filed by the petitioners (plaintiffs in the suit vide C.S. No.197 of 2010 in the Court of learned Civil Judge, Jr. Division, Bhadrak) praying for setting aside the dismissal order dated 12.07.2023 passed in CMA No.206 of 2022 under O.9 R.4 read with Section 151 of the CPC, 1908 by the learned Civil Judge (Jr. Division), Bhadrak.
2. The factual backgrounds of this CMP, which prompted the petitioners for filing of the same is that, the petitioners being the plaintiffs filed the suit vide C.S. No.197 of 2010 in the Court of learned Civil Judge (Jr. Division), Bhadrak against the defendant (O.P. in this CMP) praying for declaration of their right, title and interest over the suit properties along with other reliefs.
In that suit vide C.S. No.197 of 2010, the defendant (O.P. in this CMP) filed written statement along with counter claim.
The said suit vide C.S. No.197 of 2010 of the plaintiffs was dismissed on dated 22.08.2022 for their default.
On the same day, the counter claim of the defendant in that suit was also dismissed for the default of the defendant.
Therefore,
The Civil Procedure Code's function is to ensure fair hearings on merits, not to dismiss cases based on technical defaults.
A court must issue reasoned orders for all applications, even after a case is disposed of, rejecting motions based solely on functus officio is contrary to natural justice.
Parties should not suffer for counsel's inadvertent mistakes, and uncontroverted affidavit claims must be accepted, reinforcing principles of natural justice.
Amendments to the plaint should be allowed to minimize litigation and ensure all issues are addressed, provided they do not cause injustice or prejudice to the opposing party.
Amendments to pleadings under the Civil Procedure Code should be permitted to minimize litigation, unless they cause injustice or prejudice to the opposing party.
In partition suits, all co-owners retain interest in joint properties until a formal partition is established, necessitating expedient resolution of such suits.
Jurisdiction under Article 227 cannot be invoked to correct subordinate court errors unless manifest injustices occur; findings on temporary injunction based on ownership records must be respected pe....
Amendments to plaint may be permitted under Order 6 Rule 17 to avoid multiplicity of litigation, even if they arise after the knowledge of certain facts, provided they do not prejudice the opposing p....
Court emphasized that substantial justice prevails over technical grounds, allowing for readmission of an appeal dismissed for the absent appearance of counsel.
Ambiguous status quo orders are unsustainable; courts must specify the status to be preserved to avoid legal uncertainties.
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