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Judgment
K. R. Mohapatra, J
This matter is taken up through video conferencing mode.
The Petitioner in this CMP seeks to assail the order dated 28.06.2021 (Annexure-6) passed by learned Civil Judge (Senior Division), Champua in
I.A. No.13 of 2021 (arising out of C.S.No.29 of 2021), whereby he rejected an application under Order XXXIX Rule, 3 C.P.C.
In course of hearing, Mr. Tripathy, learned counsel for the Petitioner submits that the notice on the defendants-Opposite Parties have been made
sufficient and the matter is posted to
5 th July, 2021 for hearing of I.A. No.13 of 2021 filed under Order XXXIX Rules 1 and 2 C.P.C.
In that view of the matter, this Court without interfering with the impugned order dated 28.06.2021 under Annexure-6 directs that learned Civil
Judge (Senior Division), Champua shall do well to entertain I.A. No.13 of 2021 filed under Order XXXIX Rules, 1 and 2 C.P.C. as expeditiously as
possible preferably within a period of fifteen days from the date of production of an authenticated copy of this order giving opportunity of hearing to
the parties concerned provided that the notices on the Opposite Parties are sufficient.
The CMP is accordingly disposed of.
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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