High CourtsSingle Bench

Banambar Palai vs Bidyadhar Palai And Others

Orissa High Court · Decided on 9 May 2023 · Citation: (2023) 05 OHC CK 0130

HON’BLE JUDGES
K.R. Mohapatra, J
ACTS & SECTIONS REFERRED
Code of Civil Procedure, 1908 — Order 6 Rule 17
RESULT
Disposed Of
CASE NUMBER
CMP No. 172 Of 2018
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Judgment

8 paragraphs · 177 words

K.R. Mohapatra, J

1.

This matter is taken up through hybrid mode.

2.

This CMP has been filed assailing the order dated 10th January, 2018 (Annexure-4) passed by learned Civil Judge (Junior Division), Pattamundai in C.S. No.26 of 2017, whereby an application filed by the Defendant-Petitioner under Order VI Rule 17 C.P.C. for amendment of the written statement has been rejected.

3.

Mr. Dharmendra Kumar Behera, learned counsel appearing on behalf of Mr. Bibhuti Bhusan Mishra, learned counsel for Opposite Party No.1 submits that the suit out of which the CMP arises has already been disposed of vide order dated 17th August, 2022. He also files a memo in support of his submission enclosing the copy of the order dated 17th August, 2022 passed in C.S. No. 26 of 2017.

4.

None appears for the Petitioner and other Opposite Parties at the time of call.

5.

In view of the memo filed, the CMP is disposed of as infructuous.

6.

The interim order dated 12th February, 2018 passed in Misc. Case No.181 of 2018 stands vacated.

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