Signed by: MADHUSMITA SAHOO v. Gokulananda Sahu & Ors.
Case at a glance
Provisions considered
- Code of Civil Procedure, 1908 O. XXII rr. 3, 9
Key paragraphs
- Para 55. In view of such submission, the CMP stands disposed of as withdrawn. (K.R. Mohapatra) Judge
Judgment
…. Petitioner Mr. Rudra Narayan Parija, Advocate -versus- Gokulananda Sahu and others …. Opp. Parties CORAM: JUSTICE K.R. MOHAPATRA Order No. ORDER 31.01.2024
This matter is taken up through hybrid mode.
The Petitioner in this CMP seeks to assail the order dated 12th April, 2023 (Annexure-1) passed by learned Senior Civil Judge (LR & LTV), Jharsuguda in C.S. No.964 of 2015, whereby an application under Order XXII Rule 3 CPC together with petition under Order XXII Rule 9 CPC and condonation of delay, have been rejected as those petitions were not moved.
The Petitioner also assails the order dated 13th September, 2023 (Annexure-1) by which learned trial Court holding that the petition under Order XXII Rule 3 CPC along with petitions for setting aside abatement and condonation of delay have already been rejected on 12th April, 2023, but due to an inadvertent error in the order sheet, the suit proceeded further, held the suit to have abated.
In course of hearing, Mr. Parija, learned counsel for the Petitioner prays for withdrawal of the CMP to avail appropriate remedy before learned trial Court.
In view of such submission, the CMP stands disposed of as withdrawn. (K.R. Mohapatra) Judge
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.