SUDHIR RANJAN PATRA (DEAD) Vs. HIMANSU SEKHAR SRICHANDAN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 4/2/2022 passed by the High Court of Orissa at Cuttak in CMP No. 1423/2019, by which, though the High Court has confirmed the order passed by the learned Trial Court setting aside the exparte decree in exercise of powers under Order IX Rule 13 of Code of Civil Procedure (CPC), the High Court has observed and held that appellants herein - defendant Nos. 2 and 3 cannot be permitted to file their written statement, the appellants herein - original defendant Nos. 1 to 3 have preferred the present appeals.

(2.) The facts leading to the present appeals in a nutshell are as under: -­

(3.) Learned counsel appearing on behalf of the appellants herein - original defendant Nos. 2 and 3 has vehemently submitted that in the facts and circumstances of the case the High Court has committed a grave error in passing the order that appellants herein -­ defendant Nos. 2 and 3 cannot be permitted to file their written statement.