Md. Rafik v. SK. Raheman Alli & Ors.
Case at a glance
Provisions considered
- Code of Civil Procedure, 1908 O. I r. 10; O. XXIII r. 1
Key paragraphs
- Para 55. Accordingly, both the CMPs are disposed of an infructuous with the aforesaid observation.
Judgment
Mr. Samir Kumar Mishra, Senior Advocate assisted by Ms. P.S. Mohanty, Advocate CORAM: JUSTICE K.R. MOHAPATRA Order No. ORDER 14.07.2023 CMP NO.907 OF 2017 AND CMP NO.1020 OF 2017
1.
This matter is taken up through hybrid mode. In both the CMPs, a composite order dated 18th July, 2017 passed by learned Civil Judge (Senior Division), Balasore in Civil Suit No.310 of 2005 is under challenge, whereby rejecting application filed by Plaintiff Nos. 4 and 6 for deletion of their names and expunction of deposition of Plaintiff No.4 as well as an application filed by Plaintiff Nos.1 to 3 and 5 for withdrawal of the suit learned trial Court allowed an application for transposition of Defendant Nos. 2 to 4 as Plaintiffs.
3. Mr. Mohanty, learned counsel for the Petitioner in CMP No.907 of 2017 and Mr. Pattanaik, learned counsel for the Petitioner in CMP No.1020 of 2017 submit that after transposition of Defendant Nos.2 to 4 as Plaintiffs, they were directed to pay the Court fee but they failed to comply with the same. Accordingly, order dated 18th July, 2017, by which the Defendant Nos.2 to 4 were transposed, has already been recalled. Thus, both the CMPs have become academic. // 2 //
It is, however observed since order dated 18th July, 2017, the impugned order was a composite order in which other two applications, i.e., one for withdrawal of the suit filed by the Plaintiff Nos. 1 to 3 and 5 under Order XXIII Rule 1 CPC and another to delete the name of Plaintiff No.4 under Order I Rule 10 CPC were dismissed, the applicants therein are at liberty to seek for appropriate remedy before learned trial Court for redressal of their grievance, if any, in view of the change in circumstance, which shall be considered in accordance with law.
Accordingly, both the CMPs are disposed of an infructuous with the aforesaid observation.
Interim order dated 6th September, 2017 passed in Misc. Case No.1027 of 2017 (arising out of CMP No.907 of 2017) stands vacated. Issue urgent certified copy of this order on proper application. Rojalin (K.R. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Jul-2023 10:40:02
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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