Disposed

Shree Bhagaban Basud v. Anirudha Sahoo andORS

Orissa HC25 Aug 2023WP(C)/6977/2012

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition assailing the rejection of an application under Order XXVI Rule 9 CPC. The court granted liberty to file such an application after closure of evidence, with the impugned observation quashed.

What did the court decide?

Granted liberty to file an application under Order XXVI Rule 9 CPC after closure of evidence; vacated interim order.

Shree Bhagaban Basud Vs Anirudha Sahoo andORS — Civil Procedure and Limitation | Orissa HC (2023)

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Aug-2023 19:34:19

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 6977 OF 2012

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Shree Bhagaban Basudev Bije …. Petitioner Nijagaon

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Mr. Amit Prasad Bose, Advocate

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-versus-

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Anirudha Sahoo and others

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…. Opp. Parties

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CORAM: JUSTICE K.R. MOHAPATRA

ORDER

Order No.

25.08.2023

1. This matter is taken up through hybrid mode.

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The Petitioner in this writ petition seeks to assail the order dated 26^th March, 2012 (Annexure-1) passed by learned Civil Judge (Junior Division), Jajpur Road in C.S. No.145 of 2010, whereby an application filed by the Plaintiff-Petitioner under Order XXVI Rule 9 CPC, has been rejected.

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In course of hearing, Mr. Bose, learned counsel for the Petitioner submits that the application under Order XXVI Rule 9 CPC was filed before commencement of trial. Hence, interest of justice will be best served, if the Petitioner files such an application after closure of the evidence of both the parties, if it will be necessary. He, therefore, prays for disposal of the writ petition granting liberty to file such an application, if necessary after closure of evidence of both the parties.

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Considering the submission made by learned counsel for the Petitioner, this Court disposes of the writ petition with an observation that in the event, the Petitioner files an application under Order XXVI Rule 9 CPC after closure of the evidence of both the parties, the same shall be considered in accordance with

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Page 1 of 2

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Signature Not Verified

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// 2 //

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Aug-2023 19:34:19

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law without being influenced by any observation made in the impugned order under Annexure-1.

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Interim order dated 19^th April, 2012 passed in Misc. Case No.6105 of 2012 stands vacated.

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Urgent certified copy of this order be granted on proper application.

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(K.R. Mohapatra)

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Judge

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Shree Bhagaban Basud v. Anirudha Sahoo andORS

Case brief

What is this about?

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Shree Bhagaban Basud v. Anirudha Sahoo andORS

Case brief

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