AI Structured Summary
Not yet generated for this judgment
Judgment
A.C. Behera, J
R.S.A. No.10 of 2011 & I.A. No.1308 of 2023
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
This Interlocutory Application has been filed on behalf of the appellant under Order-22, Rule-4(4) and Order-41, Rule14A of the C.P.C. 1908 for exemption of service of notices on Respondent Nos.1, 5, 6, 7 and 8, as they were the defendant Nos.1, 5, 6, 7 and 8 in the suit and they all were set ex parte without filing any written statement. They were also arrayed as Respondent Nos.1, 5, 6, 7 and 8 in the first appeal and they had not participated in the hearing of the 1st appeal, for which, the appellant has filed this I.A. praying for exemption of service of notices on them in this 2nd appeal.
The above facts are not disputed from the side of the respondents.
So, by taking the above facts into account, the I.A. of the appellant is allowed.
The appellant is exempted from service the notices on the Respondent Nos.1, 5, 6, 7 and 8 in this 2nd appeal.
Accordingly, the I.A. is disposed of finally.
List the appeal for hearing on 18.01.2024.
………………………….