Bhikari Charan Pal v. Raghunath Pal

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 955 OF 2022 Bhikari Charan Pal and others ....

Petitioners Mr. Alok Kumar Mohanty, Advocate -versusRaghunath Pal and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

04.11.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioners in this CMP seek to assail the order dated 29th July, 2022 (Annexure-5) passed by learned 1st Additional Civil Judge, (Senior Division), Balasore in C.S. No.954 of 2007, whereby an application filed by the Petitioners under Order XIII Rule 10(2) C.P.C. has been rejected. 3.

In course of hearing, Mr. Mohanty, learned counsel for the Petitioners submits that the petition under Order XIII Rule 10(2) C.P.C. was not properly couched and it was not supported by an affidavit as required under law. Hence, interest of justice will be best served, if the Petitioners file a fresh application with better particulars supported by an affidavit for consideration of the Court. He, therefore, prays for withdrawal of the CMP to enable him to file a fresh application as aforesaid.

// 2 // 4.

Considering the submission made by learned counsel for the Petitioners, this CMP is disposed of as withdrawn with an observation that in the event, the Petitioners file a fresh application under Order XII Rule 10(2) C.P.C. complete in all respect, the same may be considered in accordance with law giving opportunity of hearing to the parties concerned without being influenced by the observation made in the impugned order under Annexure-5.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge ms