Jadunath Das vs State Of Odisha And Others

K. R. Mohapatra, J

This matter is taken up through video conferencing mode.

The Petitioner in this CMP seeks to assail the order dated 6th April, 2021 (Annexure-1) passed by learned Civil Judge (Junior Division),

Bhubaneswar In I.A. No.1 of 2021 (arising out of C.S. No.902 of 2021), whereby he rejected an application under Order XXXIX Rule 3 C.P.C.

Mr. Jena, learned counsel for the Petitioner submits that along with the plaint in C.S. No.902 of 2021, the Plaintiff-Petitioner filed I.A. No.1 of 2021

under Order XXXIX Rules 1 and 2 C.P.C. As there was urgency in the matter, he filed an application under Order XXXIX Rule 3 C.P.C. to dispense

with service of notice on Opposite Party No.4 and take up I.A. No.1 of 2021 to pass an ad interim order of injunction. Learned Civil Judge without

considering the urgency of the matter, dismissed the same vide order dated 6th April, 2021 under Annexure-1, which is under challenge in this CMP.

Mr. Mishra, learned Additional Government Advocate for the State submits that a copy of the CMP has not been served on the State. Thus, he is

not in a position to address the Court on sustainability of the impugned order dated 6th April, 2021.

Taking into consideration the submissions made by learned counsel for the parties and on perusal of the record, this Court finds that the Opposite

Parties in I.A. No.1 of 2021 are Government Officials. Hence, notice of the I.A. can be served on them through the Government Counsel attached to

the said court.

Accordingly, it is directed that the Plaintiff-Petitioner shall serve a copy of the plaint along with I.A. No.1 of 2021 on the learned Government

Counsel attached to the court of learned Civil Judge (Junior Division), Bhubaneswar within a period of seven days hence along with an authenticated

copy of this order to enable them to file their objection to the aforesaid I.A. It is further directed that I.A. No.1 of 2021 shall be taken up within a

period of two weeks from the date of service of the copy of I.A. No.1 of 2021 along with plaint in C.S. No.902 of 2021 on learned Government

Counsel and learned Civil Judge (Junior Division), Bhubaneswar shall do well to deal with I.A. No.1 of 2021 and make an endeavour to dispose of the

same in accordance with law within a period of seven days thereafter.

It is made clear that this Court has not expressed any opinion on the merits of the case of the Petitioner.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.

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