Disposed
Jitendra Naik v. Kanakalata Behera
Orissa HCCMP/1448/2016
Case brief
from the order text
What is this about?
of 2016 16.11.2016 This petition challenges…
What the court decided
AI extract
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CMP No.1448 of 2016
16.11.2016
This petition challenges the order dated 19.3.2016 passed by the learned Civil
Judge (Sr. Divn.), Keonjhar in C.S. No.139 of 2012, whereby and whereunder learned trial cour
t allowed the application for amendment of plaint.
Heard Mr. R. Roy, learned counsel for the petitioner and Mr. B.K. Mishra, lear
ned counsel for the opposite party no.1.
In course of hearing, Mr. Roy, learned counsel for the petitioner, submits tha
t while deciding the application for amendment, learned trial court has made certain observati
ons which have a vital bearing on the merit of the suit. He further submits that the said obse
rvations may be expunged.
It is trite that any observation made while deciding the interim application d
oes not decide the lis.
In view of the same, learned trial court shall decide the suit without being i
nfluenced by any observation made in the interim order.
The petition is disposed of.
Dr.A.K.Rath, J.
BKB
2
Petitioner
Opposite party no.1
Dr. A.K. Rath
As recorded by the court registry
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