Sasanka Sekhar Mishra v. Certificate Officer(Sadar),Cuttack

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMAPL No.293 of 2018 Sasanka Sekhar Mishra & Anr.

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Petitioners Mr. S. Mishra, Advocate -versusCertificate Officer, Cuttack & Ors.

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Opposite Parties Mr. U.K. Sahoo, ASC for O.Ps.1 & 2 Mr. A.K. Mishra, Advocate for O.P.3

CORAM:

JUSTICE BISWANATH RATH

ORDER

12.10.2022 I.A. No.118 of 2018 Order No.

03.

1.

Reading the grounds and taking into account the submissions made herein, this Court finds, there is a genuine ground for nonappearance of the counsel for the Petitioners on the date of dismissal of the O.J.C. No.2104 of 1994 for default. Otherwise this Court also finds, for the nature of dispute involved in the Writ Petition, there should not be dismissal of the Writ Petition on technical ground. On both the counts, this Court condones the delay in filing the CMAPL. 2.

The I.A. stands allowed.

(Biswanath Rath) Judge

// 2 // CMAPL No.293 OF 2018 04.

1.

Looking to the averments made in this petition and as there are no deliberate latches in non-appearance of the parties for the effective dates, this Court finds, this is a fit case to be allowed. In the process, this Court while allowing this CMAPL directs for restoration of the O.J.C. No.2104 of 1994.

2.

O.J.C. No.2104 of 1994 be restored to its file. 3.

CMAPL is disposed of with above direction.

(Biswanath Rath) Judge Ayaskanta Jena