CMP filed seeking direction for early disposal of a civil suit where the trial court adjourned for over four years post-amendment allowance. High Court directed strict adherence to law and cooperation for disposal.
Directed trial court to proceed for early disposal of suit and parties to cooperate under direction to provide certified copy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK CMP NO. 716 OF 2022
Binati Das
..... Petitioner
Mr. Amit Prasad Bose, Advocate
-versus-
…. Deepak Chandra Das and another Opp. Parties
CORAM: JUSTICE K.R. MOHAPATRA ORDER
Order No.
11.08.2022
This matter is taken up through hybrid mode.
Page 1 of 2
// 2 //
of the consolidated plaint for last more than four years. Law is well settled that if a party does not file consolidated plaint/written statement pursuant to the order passed by the Court, within the time stipulated by the Court, the amendment allowed should be ignored. But, in the case at hand, learned trial Court is proceeding with the matter by allowing adjournment to different dates, that too for last more than four years.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra) Judge
bks
Page 2 of 2
1 issue framed by the court
Whether a trial court can continue adjourning a suit for filing a consolidated plaint beyond the stipulated time after an amendment application is allowed.
1 provisions across 1 enactments
Binati Das
Deepak Chandra Das and another
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
