Rajkishore Dey v. Lokanath Dey

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO.1708 OF 2015 Rajkishore Dey & anr.

....

Petitioners Mr.A.P.Bose, Adv.

-versusLokanath Dey & ors.

....

Opposite Party(s) Mr.B.S.Panda, Adv. for O.Ps.3 to 8

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

20.5.2022 6.

1.

Heard learned counsel for the Parties.

2.

Perused the impugned order. This Court finds, since the amendment was formal in nature, the court below should not have rejected the Application. In the process, this Court interfering with the impugned order sets aside the same thereby allowing the Application under Order 6 Rule 17 of C.P.C. and directs the Plaintiffs to file the amended Plaint at least within ten working days on submission of copy thereof on the Defendants. The Defendants if so advised may file additional written statement. Interim order dated 24.12.2015 passed in Misc. Case No.1777 of 2015 stands vacated. 3.

The CMP thus stands disposed of.

(Biswanath Rath) Judge M.K.Rout