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Judgment
7 paragraphs · 236 wordsK.R. Mohapatra, J
This matter is taken up through hybrid mode.
This CMP has been filed assailing the order dated 1st March, 2024 (Annexure-7) passed by learned Civil Judge (Senior Division), Baripada in Civil Suit No.304 of 2019, whereby an application under Order VI Rule 17 CPC filed by the Defendant No.3-Pettioner for amendment of the written statement to introduce her counter claim, has been dismissed.
It appears that similar such application filed by the Petitioner was dismissed vide order dated 4th March, 2020 and he challenged the same in CMP No.328 of 2020. The said CMP was disposed of vide order dated 4th May, 2022 granting liberty to the Petitioner to challenge the order dated 4th March, 2020 in the event the ex parte decree passed in the suit is set aside. The Petitioner instead of challenging the said order, filed I.A. No.308 of 2024 in CMP No.328 of 2020, which has already been dismissed by a separate order of the even date.
In that view of the matter, this Court is of the considered opinion that when the order dated 4th March, 2020 rejecting the application with similar nature of prayer has been made final, learned trial Court has rightly passed the impugned order under Annexure-7 rejecting the application under Order VI Rule 17 CPC. Thus, I find no merit in the CMP.
Accordingly, the CMP stands dismissed.
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