Disposed

Rama Chandra Das v. Kali Das

Orissa HC27 Apr 2021CMP/22/2021

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What is this about?

This court disposed of the petition for early disposal of a civil suit pending before the trial court, directing the plaintiffs to comply with procedural requirements for issuing notices and issued no adverse order against plaintiffs due to COVID restrictions.

What the court decided

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Rama Chandra Das Vs Kali Das — Orissa HC (2021) — LawSathi Research

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CMP No.22 of 2021

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27.04.2021 This matter is taken up through video conferencing

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mode.

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Heard Mr. Prasanna Kumar Nayak, learned counsel for the petitioner.

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This CMP has been filed for early disposal of C.S. No.143 of 2007 pending before learned Civil Judge (Senior Division), Nimapara.

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Taking into consideration the submission made by learned counsel for the petitioner, this Court vide order dated 23.03.2021 sought for a status report of C.S. No.143 of 2007 from learned Civil Judge (Senior Division), Nimapara.

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Pursuant to the said direction, learned Civil Judge (Senior Division), Nimapara vide his letter no.274 dated 06.04.2021 submitted a report with regard to the status of the suit. From the report, it appears that out of 37 defendants including the present petitioner, except defendant nos.5 to 9, 12, 15 and 28 to 37 other defendants are contesting the suit. Summons in both ways against the aforesaid defendants returned after insufficient service for which the plaintiff has been directed to take fresh steps. In the meantime, plaintiff and defendant no.1 died and the LRs of plaintiff appeared. They have also filed an application for substitution of LRs of defendant no.1, which is pending for consideration. Since the plaintiffs have not yet filed requisites for issuance of notice against the proposed LRs. of defendant no.1 as well as other defendants, the matter could not proceed. Further due to continuous prayer for accommodation made by Local Bar members during COVID pandemic, no adverse order could be passed against the plaintiffs. At present, the case is posted to 17.05.2021 for filing of requisites against the defendants.

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Taking into consideration the report submitted by learned Civil Judge (Senior Division), Nimapara, it appears that the matter is not ready for hearing and learned Civil Judge is not in a position to pass adverse order due to the resolution made by the Local Bar.

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In view of the above, no direction at this stage can be made for early disposal of the suit. But, the plaintiffs have to comply with the direction of the court and cannot take advantage of the situation of COVID-19 by not complying with the direction in filing requisites. Learned Civil Judge (Senior Division), Nimapara should look into the matter and pass appropriate order.

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In that view of the matter, this Court directs that if the plaintiffs do not take appropriate steps for issuance of notice to the defendants, necessary orders in accordance with law shall be passed and the court shall proceed accordingly.

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With the aforesaid observation, this CMP is disposed of. 10. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587 dated 25th March,2020 as modified by Court’s Notice No.4798 dated 15^th April, 2021.

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K.R. Mohapatra,J.

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……..……………………

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Rama Chandra Das v. Kali Das

Case brief

What is this about?

What the court decided

Rama Chandra Das v. Kali Das

Case brief

What is this about?

What the court decided

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