Disposed¶20

Satyajit Rout v. Sujata Biswal

Orissa HC7 Jan 2025CMP/709/2024

Case brief

AI extract

What is this about?

Withdrawal of CMP challenging rejection of Order VI Rule 17 CPC written-statement amendment application; due diligence for delay before commencement of trial; liberty to re-file with better particulars; consideration de novo uninfluenced by impugned order; Civil Judge (Senior Division), Kamakhyanagar; C.S. No.29 of 2022; Annexure-3/Annexure-5; Orissa High Court; Justice K.R. Mohapatra; order dated 07.01.2025.

What did the court decide?

CMP disposed of as withdrawn, with liberty to the Defendant No.5-Petitioner to file a fresh application for amendment of written statement with better particulars, to be considered in accordance with law without being influenced by the impugned order (Annexure-5); urgent certified copy on proper application. ¶20

Satyajit Rout Vs Sujata Biswal — Orissa HC (2025) — LawSathi Research

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Jan-2025 10:27:21

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 709 OF 2024

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Satyajit Rout

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…. Petitioner

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Mr. Panchanan Panigrahi, Advocate

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-versus-

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Sujata Biswal and others

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…. Opp. Parties

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CORAM: JUSTICE K.R. MOHAPATRA

ORDER

Order No.

07.01.2025

1. This matter is taken up through hybrid mode.

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The Petitioner in this CMP seeks to assail the order dated 14^th May, 2024 (Annexure-5) passed in C.S. No.29 of 2022, whereby learned Civil Judge (Senior Division), Kamakhyanagar rejected an application filed by the Defendant No.5-Petitioner for amendment of his written statement under Order VI Rule 17 CPC.

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In course of hearing Mr. Panigrahi, learned counsel for the Petitioner submits that inadvertently in the petition for amendment under Annexure-3, the Defendant No.5 could not explain the due diligence for not filing the amendment application before commencement of trial. He, therefore, prays for withdrawal of the CMP to file a fresh application for amendment of the written statement filed by Defendant No.5 and prays for a direction to consider the same without being influenced by the impugned order under Annexure-5.

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Page 1 of 2

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Jan-2025 10:27:21

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In view of the above, this Court without expressing any opinion on the merits of such submission, disposes of the CMP as withdrawn with an observation that in the event, the Defendant No.5-Petitioner files a fresh application for amendment of his written statement with better particulars, the same shall be considered in accordance with law without being influenced by any observation made in the impugned order under Annexure-5.

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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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Page 2 of 2

Satyajit Rout v. Sujata Biswal

Case brief

What is this about?

What did the court decide?

Satyajit Rout v. Sujata Biswal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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