ANJANA PARIDA Vs. SANMATI SINGH

JUDGEMENT

(1.) HEARD Mr. Dwibedi, learned counsel for the petitioners and Mr. Bijan Ray, learned senior counsel appearing for the opposite party No.1 plaintiff.

(2.) FACTS reveal that C.S. No.25 of 2005 was filed by the opposite party No.1 seeking a decree for declaration of right, title, interest and for permanent injunction and other consequential reliefs. In the said suit, an application for amendment of the plaint was filed by the plaintiff, which was rejected by order dated 18.07.2011. The plaintiff opposite party No.1 preferred W.P. (C) No.21261 of 2011 challenging the order of rejection of prayer for amendment. When the said writ application was pending, the suit was dismissed on 06.08.2011 for default of the plaintiff.

(3.) HOWEVER , in the writ application filed by the opposite party No.1, an order was passed on 09.08.2011 staying further proceedings of the suit, which shows that the suit was already dismissed when the said stay order was passed. On 10.08.2011, the plaintiff opposite party No.1 filed an application under Order 9, Rule 9 C.P.C., which was registered as CMA No.103 of 2011. In the said Misc. Case for restoration of the suit, the plaintiff also filed CMA No.110 of 2011 purportedly under Order 39, Rules 1 and 2 C.P.C. read with Section 151 C.P.C.