High Court Dismisses Petitioner's Application for Non-Appearance. The court found that the absence of the petitioner at the time of call justified the dismissal of the application.

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Case Note & Summary

The case involved a petition filed by Rabindra Kr. Sahoo against the State of Odisha and others. The petitioner sought relief through WPC (OAC) No. 2139 of 1994. On 22nd November 2021, the matter was taken up in a hybrid mode, but none appeared for the petitioner when the case was called. Consequently, the court dismissed the interim application (I.A. No. 1141 of 2021) due to the petitioner's absence. The court's decision was based on the procedural requirement for the petitioner to be present for the matter to proceed, leading to the dismissal of the application.

Headnote

A) Civil Procedure - Dismissal of Application - Non-Appearance of Petitioner - Not applicable - The court dismissed the application as the petitioner failed to appear at the time of call, leading to the conclusion that the matter could not proceed. Held that the absence of the petitioner warranted dismissal of the application (Paras 2-3).

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Issue of Consideration

Whether the application should be dismissed due to the petitioner's non-appearance.

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Final Decision

The court dismissed the interim application (I.A. No. 1141 of 2021) due to the petitioner's non-appearance at the time of call.

Law Points

  • Dismissal of application for non-appearance
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Case Details

WPC (OAC) No. 2139 of 1994

2021-11-22

DR. B.R. SARANGI

Mr.D. Patnaik

Rabindra Kr. Sahoo

State of Odisha and others

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Nature of Litigation

Petition for relief under WPC (OAC)

Remedy Sought

Relief from the State of Odisha

Issues

Non-appearance of petitioner leading to dismissal

Submissions/Arguments

Petitioner failed to appear Not applicable

Ratio Decidendi

The absence of the petitioner at the time of call justified the dismissal of the application.

Judgment Excerpts

In view of the above the I.A. stands dismissed. None appears for the petitioner at the time of call.

Procedural History

The matter was taken up through hybrid mode on 22.11.2021, but the petitioner did not appear.

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