Disposed¶21

Namitarani Jena v. Ajay Kumar Patra

CMP – addition of party under Order 1 Rule 10 CPC

Orissa HC28 Jul 2025CMP/273/2025

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What is this about?

Orissa High Court, Cuttack — CMP No.273 of 2025, Namitarani Jena v. Ajay Kumar Patra and another, order dated 28.7.2025 by Shri Justice B.P. Routray. Impleadment / addition of party under Order 1 Rule 10 CPC in pending suit C.S.No.209 of 2016 (permanent injunction) arising from partition suit C.S.No.142 of 2016; daughter of common ancestor claiming undivided share; impugned order set aside; petitioner to be arrayed/added as defendant; advocates A.P. Bose (petitioner) and A. Mohanty (Opposite Party No.1).

What did the court decide?

Impugned order set aside; Petitioner's prayer under Order 1 Rule 10 CPC allowed and she is to be added as defendant in C.S.No.209 of 2016; CMP disposed of. ¶21

Namitarani Jena Vs Ajay Kumar Patra — Orissa HC (2025) — LawSathi Research

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Signature Not Verified

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Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 29-Jul-2025 09:57:44

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CMP No.273 of 2025

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Namitarani Jena

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…. Petitioner Mr.A.P.Bose, Advocate

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-versus-

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Ajay Kumar Patra and another

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…. Opp.Parties Mr.A.Mohanty, Advocate

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CORAM:

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SHRI JUSTICE B. P. ROUTRAY

ORDER

28.7.2025

Order No.

Heard Mr.Bose, learned counsel for the Petitioner and Mr.Mohanty, learned counsel for Opposite Party No.1.

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Proforma Opposite Parties in present CMP are the plaintiffs in C.S.No.142 of 2016, which is a suit with a prayer for partition. Subsequently, Opposite Party No.1, who is defendant no.1 in C.S.No.142 of 2016 filed C.S.No.209 of 2016 praying for permanent injunction in respect of a portion of property involved in C.S.No.142 of 2016, wherein all the defendants and plaintiffs were arrayed as parties except the present Petitioner, who was admittedly defendant no.9 in C.S.No.142 of 2016. The status of the present Petitioner as the daughter of common ancestor being not denied, particularly by present Opposite Party No.1, her share thereby over the property including the property involved in C.S.No.209 of 2016 cannot be disputed. Therefore, her prayer to be arrayed as party in the subsequent suit for permanent injunction i.e. C.S.No.209 of 2016 has become necessary. Accordingly, the impugned order is set aside and the prayer of the present Petitioner under Order 1 Rule 10 CPC is

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Page 1 of 2

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Signature Not Verified

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Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 29-Jul-2025 09:57:44

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allowed. The learned trial court is directed to take necessary steps to add present Petitioner as defendant in C.S.No.209 of 2016.

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The CMP is disposed of.

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( B.P. Routray) Judge

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C.R.Biswal

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Page 2 of 2

Namitarani Jena v. Ajay Kumar Patra

Case brief

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Namitarani Jena v. Ajay Kumar Patra

Case brief

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