In this writ petition seeking review of an order dismissing CMP No. 272 of 2019, the Court dismissed the petition. It held that the previous order was set aside due to lack of reasons, and no valid ground existed for review of that order.
The review petition RVWPET No. 40 of 2021 is dismissed.
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RVWPET NO. 40 OF 2021
This petition has been filed seeking review of the order dated 19th January, 2021 by which CMP No. 272 of 2019 was disposed of by this Court.
Mr. Dash, learned counsel for the review Petitioners contended that learned counsel for the Petitioners in the CMP mislead this Court by submitting that during course of hearing, the Plaintiffs had produced the detail particulars of withdrawal of admission in a tabular form before learned District Judge, Khurda for consideration of the application filed under Order VI Rule 17 C.P.C. for amendment of the pleadings of counter claim. In fact, no such detail particulars in tabular form was filed before learned District Judge, Khurda. Thus, learned District Judge had no occasion to consider the same. As such, the order impugned in CMP should not have been interfered with. Hence, he prayed for review of the aforesaid order passed in CMP.
Mr. Mohanty, learned Senior Advocate appearing for the Opposite Parties submits that the order sought to be reviewed is not passed on the basis of non-consideration of the aforesaid plea of the Opposite Parties by learned District Judge. In course of disposal of CMP, this Court had only recorded the
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submissions of learned counsel for the parties and the impugned order passed by learned District Judge was set aside on the ground that it was not a reasoned one. He, therefore, submitted that the review Petitioners have not made out any case to entertain this review petition. Hence, he prayed for dismissal of the review petition.
Heard learned counsel for the parties.
On perusal of the order dated 19th January, 2021, which is sought to be reviewed in this petition, it appears that after recording of the submissions of learned counsel for the parties, this Court has set aside the impugned order on the ground that it was not a reasoned one and remitted the matter back to the learned District Judge, Khurda for fresh consideration of the petition under Order VI Rule 17 C.P.C.
In that view of the matter, I find no ground to review the order dated 19th January, 2021 passed in CMP No. 272 of 2019. Accordingly, the RVWPET is dismissed.
Urgent certified copy of this order be granted as per
rules.
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2 issues framed by the court
Whether there is ground to set aside a review order dismissing a Common Petition solely because the impugned lower court order was unreasoned.
Whether failure to explicitly record detail particulars of withdrawal of admission in tabular form invalidates a previous order disposing of a CMP.
1 provisions across 1 enactments
Petitioners
Opposite Parties
bks
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
