Leela Sahoo v. Narayan Prasad Nayak

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 1065 OF 2022 Leela Sahoo and another ....

Petitioners Mr. Jagannath Bhuyan, Advocate -versusNarayan Prasad Nayak and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

11.11.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioners in this CMP seek to assail the order dated 13th October, 2022 (Annexure-6) passed by learned District Judge, Phulbani in R.F.A. No.26 of 2016, whereby a petition for amendment of the plaint has been rejected. 3.

Mr. Bhuyan, learned counsel for the Petitioners submits that there is some typographical error in the schedule of the proposed amendment for which confusion arose in the mind of the learned District Judge, Phulbani to adjudicate the petition. He, therefore, submits that interest of justice will be best served, if the Petitioners file a fresh application with better particulars and seeks for disposal of the same in accordance with law.

4.

In view of such submission, this CMP is disposed of as withdrawn.

5.

In the event, a fresh application for amendment of the plaint is filed before the learned District Judge, Phulbani, the

// 2 // same may be considered in accordance with law giving opportunity of hearing to the parties concerned. 6.

It is made clear that this Court has not expressed any opinion on the merits of the case of the Petitioners on amendment of the plaint.

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

(K.R. Mohapatra) ms Judge