Sadashiba Rath v. Surendranath Rath

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO.272 OF 2022 Sadashiba Rath & anr.

....

Petitioner Mr.S.C.Puspalaka, Adv.

-versusSurendranath Rath & anr.

....

Opposite Party(s)

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

8.4.2022 1.

1.

Heard learned counsel for the Petitioner.

2.

It is strange to observe that the civil suit filed in 2011 is yet to get the pleadings completed. There is serious allegation by producing the Order-sheet clearly indicting the trial court is becoming too much liberal in getting the written statement on Record. For the amendment in the Civil Procedure Code that when the written statement is required to be filed within 90 days, unless otherwise time for filing written statement is extended by reasoned order. This Court finds no reason for accommodating a party over nine years in filing the written statement. In the event, there is no written statement filed as of now, this Court records, there is no reasonable cause in waiting for the written statement and the trial court may do well in proceeding for final adjudication of the matter,

// 2 // if necessary granting at least one more opportunity while also keeping in view the latches by such party.

3.

The CMP stands disposed of accordingly.

(Biswanath Rath) Judge M.K.Rout