Rabindra Samal v. The Competent Authority, Oshpl

IN THE HIGH COURT OF ORISSA AT CUTTACK

C.M.P. No.256 of 2022 Rabindra Samal ....

Petitioner(s) Mr. S.S. Bhuyan, Advocate -versusThe Competent Authority, OSHPL ....

Opposite Party(s)

CORAM:

JUSTICE BISWANATH RATH

ORDER

31.03.2022 Order No.

01.

1.

This Court records the statement of Mr. Bhuyan, learned counsel for the Petitioner that there is already completion of appearance parties and there is no impediment in taking up the application U/o.7 Rule 11 (d) of the C.P.C. filed by the defendant at this moment. It is alleged that in spite of filing of the application long since and for there is clear positon for taking up the matter, there is unnecessary adjournment involving such important aspect. 2.

Considering that the progress involving the suit depends on the outcome on the consideration of the application U/o.7 rule 11(d) of C.P.C. and for the opinion of this Court that since the appearance is already completed, there should be immediate attempt by the Court concerned to give a finality to such proceedings, taking into consideration the allegation of the Petitioner and finding that there is unnecessary delay in keeping such application pending, this Court directs the learned Civil Judge (Sr. Divn.), Kunjanga to take up the

// 2 // application U/o.7 Rule 11 (d) of C.P.C. and dispose of the same at least within a period of six weeks from the date of communication of an authenticated copy of this order by the Petitioner, but however, with the involvement of the plaintiffs.

3.

The C.M.P stands disposed of with the above direction. (Biswanath Rath) Judge Ayaskanta Jena