AI Structured Summary
Not yet generated for this judgment
Judgment
K.R. Mohapatra, J
This matter is taken up through hybrid mode.
Order dated 25th April, 2023 (Annexure-5) passed by learned Senior Civil Judge, Balasore in CMA No.83/16 of 2019 (arising out of CS No.484/792 of 2018) is under challenge in this CMP, whereby an application filed by the Petitioner under Order I Rule 10 CPC to be impleaded as a party to the CMA, has been rejected.
It is submitted by Mr. Sahoo, learned counsel for the Petitioner that CS No.484/792 of 2018 was decreed on compromise between the parties. Pursuant to such compromise decree, the Petitioner has purchased a piece of land from the Plaintiff-Opposite Party No.3. Subsequently, two of the Defendants filed an application to set aside the compromise decree, which was registered as CMA No.83/16 of 2019. As the Petitioner has interest in the subject matter of dispute of the CMA and he is likely to be affected, if any order passed in favour of the Petitioner therein, he filed an application to be impleaded as a party to the said proceeding. The said application has been rejected. Hence, this CMP has been filed.
In course of hearing, Mr. Sahoo, learned counsel for the Petitioner submits that in view of the scope and ambit of Proviso to Order XXIII Rule 3 CPC, an application filed by the Petitioner to be impleaded as a party to the proceeding (CMA No.8316 of 2019) is not maintainable. Hence, he prays for withdrawal of the CMP to work out its remedy in accordance with law.
Accordingly, the CMP is disposed of as withdrawn.
…………………………..