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HIGH COURT OF ORISSA
MR. JUSTICE BISWANATH RATH
SAMIR NANDI – Appellant
Versus
GOVINDA CHANDRA BEHERA – Respondent
CMP/703/2021
The High Court has the power to direct the lower court to dispose of the petition under Order 7 Rule 11 of C.P.C. expeditiously, provided that the lower court is given an opportunity to contest the petition.
Headnote:
Fact of the Case:
The petitioner sought a direction from the High Court to target the petition under Order 7 Rule 11 of C.P.C. pending before the Senior Civil Judge, Sambalpur involving C.S. No.50 of 2021.
Finding of the Court:
The High Court directed the Senior Civil Judge, Sambalpur to see disposal of the petition under Order 7 Rule 11 of C.P.C. read with Section 151 of C.P.C. as expeditiously as possible preferably within a period of three months but however providing opportunity of contest to the Plaintiff.
Issues: Whether the High Court can direct the lower court to dispose of the petition under Order 7 Rule 11 of C.P.C. expeditiously?
Ratio Decidendi: The High Court has the power to direct the lower court to dispose of the petition under Order 7 Rule 11 of C.P.C. expeditiously, provided that the lower court is given an opportunity to contest the petition.
Final Decision: The High Court disposed of the matter with a direction to the Senior Civil Judge, Sambalpur to dispose of the petition under Order 7 Rule 11 of C.P.C. read with Section 151 of C.P.C. as expeditiously as possible preferably within a period of three months but however providing opportunity of contest to the Plaintiff.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP NO.703 OF 2021
Samir Nandi
….
Petitioner
Mr.A.K.Mohanty, Adv.
-versus-
Govinda Chandra Behera
….
Opposite Party
None
CORAM:
JUSTICE BISWANATH RATH
Order
No.
ORDER
12.1.2022
02.
1.
This matter is taken up through video conference mode.
2.
Heard learned counsel for the Petitioner.
3.
For modification of the prayer involved herein, learned
counsel for the Petitioner seeks for a direction from this Court to
target the Petition under Order 7 Rule 11 of C.P.C. pending before
the Senior Civil Judge, Sambalpur involving C.S. No.50 of 2021,
vide Annexure-4.
4.
Considering the innocuous prayer, this matter stands
disposed of however with a direction to the Senior Civil Judge,
Sambalpur to see disposal of the Petition under Order 7 Rule 11 of
C.P.C. read with Section 151 of C.P.C. as expeditiously as possible
preferably within a period of three months but however providing
opportunity of contest to the Plaintiff.
5.
As restrictions due to resurgence of COVID-19 situation are
continuing, learned counsel for the Parties may utilize a printout of
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the order available in the High Court’s Website, at par with certified
copy, subject to attestation by the concerned Advocate, in the
manner prescribed vide Court’s Notice No.4587 dated 25th March,
2020, modified by Notice No.4798 dated 15th April, 2021 and
Court’s Office Order circulated vide Memo Nos.514 and 515 dated
7th January, 2022.
(Biswanath Rath)
Judge
M.K.Rout
