BIJAYA KUMAR SAHU Vs. NAMITA PARIDA

JUDGEMENT

(1.) IN the present writ application the petitioner has sought to challenge, an order dated 27.11.2004 passed by the learned Ad hoc Additional District Judge Fast Track Court No. IV, Bhubaneswar in CRP No.3/6 of 2004, refusing to exercise revisional jurisdiction, as well as, the order dated 23.4.2005 passed by the learned Ad hoc Additional District Judge Fast Track Court No. IV, Bhubaneswar rejecting Review Application No. 1/2006.

(2.) IN terms of the impugned order under Annexure -2 dated 27.11.2004 a revision petition was directed against an order under Section 24 of the Hindu Marriage Act, awarding the pendente lite and litigation expenses in favour of the opposite parties passed by Civil Judge Sr. Division, Bhubaneswar.

(3.) THE petitioner filed a Review Application No. 1/2004 against the aforesaid order and the same came to be rejected on 23.4.2005. In the said review petition, the petitioner had relied on a judgment of this Court in the case of M/s. Simplex Engineering and Foundary works Ltd. and others v. Bhubaneswar Pattnaik, reported in 2003 (I) OLR 508 and had submitted that, the Honble High Court by interpreting the Article 254 of the Constitution as well as the Section 32 of the Amendment Act 46 of 1999 and on a reading Section 115 of the C.P.C. (after amendment in 1999) as well as the earlier Orissa Amendment Act, 1991 of Section 115, came to hold that, the Orissa Amendment still remained in force but only to the extent it was consistent with the law made by the Parliament. This Honble Court further held that Clause -(ii) to the second proviso below Clause(c) of Section 115 of the Orissa Amendment, i.e.," the order if allowed to stand would occasion a failure of justice or cause irreparable injury to the party against whom it was made" is no more enforceable, being repugnant to Section 115 as it now stands. It was also indicated therein that the remaining part of Section 115 of the Orissa Amendment (excepting the aforesaid quoted part) shall still be operative being not repugnant to the existing provision of Section 115 of the C.P.C.