ORISSA HIGH COURT ISSUES JUDGMENT ON PRABHASINI PATI AND ANOTHER VS SAGARIKA MAHASUPAKAR & ORS. CASE

CUTTACK, India, April 14 -- Orissa High Court issued the following order on Jan. 19 :

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 70 of 2026

Prabhasini Pati and another ..... Petitioners Represented by Adv. - Abhishek Dash

-versus- Sagarika Mahasupakar & Ors. ..... Opposite Parties Represented by Adv. -

CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER 19.01.2026 Order No. 01

This matter is taken up through Hybrid mode. Heard learned counsel for the Petitioners. Perused the CMP application filed under Article 227 of the Constitution of India, thereby challenging the impugned order dated 05.05.2023 and the subsequent orders, whereby the learned trial Court has refused to accept the W.S. likely to be filed by the defendant Nos. 1 & 2. Learned counsel for the Petitioners at this juncture contended that the time stipulation with regard to filing of the W.S. under Order 8 is not absolute as has been held by this Court as well as the Hon'ble Supreme Court in many judgments. He further submitted that if the defendant does not get an opportunity to file his W.S., the defendant will be seriously prejudiced.

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