Disposed
Akshya Kumar Jena v. Biswakesen Jena
Orissa HCCMP/1152/2018
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This petition challenges the order dated…
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C.M.P. No.1152 of 2018
This petition challenges the order dated 25.7.2018 passed by the learned Civil Judge (Sr. Divn.), Berhampur, Ganjam in I.A. No.24 of 2018 arising out of C.S. No.70 of 2018, whereby and whereunder learned trial court allowed the application filed by the plaintiff under Order 39 Rule1 and 2 C.P.C. Against the said order, appeal lies to the learned District Judge, Ganjam under Order 43 Rule 1(r) C.P.C.
At this juncture, Mr. Das, learned counsel for the petitioners, submits that liberty may be granted to the petitioners to file appeal.
Considering the submission of learned counsel for the petitioners, the petition is disposed of with an observation that if the petitioners file appeal along with an application for condonation of delay, learned District Judge, Ganjam shall consider the application for condonation of delay liberally and hear the appeal on merit.
Certified copy of the impugned order under Annexure-11 be returned to the counsel for the petitioners by substituting photostat copy thereof.
……………....….…….. Dr.A.K.Rath, J.
BKB
2
Dr.A.K.Rath
As recorded by the court registry
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