Disposed

M/S. Ceramic Sales Corporation v. Sitarani Patra

Orissa HC9 Nov 2022CMP/1033/2022

Case brief

AI extract

What is this about?

The petitioner, a lis pendens purchaser, filed a CMP directing the trial court to decide an application to be impleaded as a party under Order I rule 10(2) CPC before proceeding with the suit ex parte. The Court directed the trial court to consider the pending application before the suit.

What did the court decide?

Direction to the learned Civil Judge to consider the application under Order I rule 10(2) CPC before proceeding with the suit.

M/S. Ceramic Sales Corporation Vs Sitarani Patra — Civil Procedure and Limitation | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CMP NO. 1033 of 2022

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M/s Ceramic Sales Corporation

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…. Petitioner Mr. banshidhar Baug, Advocate

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-versus-

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Sitarani Patra and others

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…. Opp. Parties

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

09.11.2022

This matter is taken up through hybrid mode.

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As prayed for, learned counsel for the Petitioner is permitted to correct the description of learned trial Court on the title page of the CMP in Court.

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This CMP has been filed seeking for a direction to learned Civil Judge (Senior Division), 2^nd Additional Court, Cuttack to dispose of an application filed under Order 1 Rule 10(2) CPC (Annexure-4) before proceeding in the suit.

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Mr. Baug, learned counsel submits that the Petitioner is a lis pendens purchaser of the suit property from Defendant No.1. During pendency of the suit, all the Defendants did not participate in the proceeding and were set ex parte. Hence, the Petitioner finding no other alternative to protect its interest, filed an application under Order 1 Rule 10(2) CPC to be impleaded as party to the suit. Instead of considering the said application, learned trial Court is proceeding with ex parte hearing of the suit. Hence, finding no other alternative, the Petitioner has filed this CMP.

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Page 1 of 2

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// 2 //

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Considering the submission made by learned counsel for the Petitioner, this Court is of the considered opinion that when an application is pending under Order 1 Rule 10 (2) CPC the duty of the Court is to adjudicate the same before proceeding with the suit on merit.

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In view of the above, this Court, without expressing any opinion on the merit of the case of the Petitioner in the petition under Order 1 Rule 10(2) CPC, disposes of the CMP with a direction to learned Civil Judge, (Senior Division), 2^nd Additional Court, Cuttack to consider the application under Order 1 Rule 10(2) CPC in accordance with law before proceeding ahead with hearing of the suit, if the same is still

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pending.

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Issue urgent certified copy of the order on proper application. (K.R. Mohapatra) Judge

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s.s.satapathy

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Page 2 of 2

M/S. Ceramic Sales Corporation v. Sitarani Patra

Case brief

What is this about?

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M/S. Ceramic Sales Corporation v. Sitarani Patra

Case brief

What is this about?

What did the court decide?

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