JAYANTI DAS Vs. SRI MANAS KUMAR NAYAK

JUDGEMENT

(1.) This matter is taken up through Hybrid mode.

(2.) Petitioner in this CMP seeks to assail the order dated 11 th May, 2022 (Annexure-4) passed in IA No.171/226 of 2022 arising out of CS No.405/483 of 2020, whereby learned Senior Civil Judge, Balasore refused to entertain an application under Order XXXIX Rule 3 CPC for dispensing with service of notice to the Defendants/Opposite Parties to take up the aforesaid IA.

(3.) It is submitted by learned counsel for the Petitioner that the suit has been filed for declaration that the compromise decree passed in CS No.957 of 1997 (I) is not binding on the Petitioner and for consequential relief. During pendency of the suit, Defendants/Opposite Parties, without entering appearance, made an attempt to alienate the property which constrained the Petitioner to file IA No.171/226 of 2022 under Order XXXIX Rules 1 and 2 CPC. Along with the IA, the Plaintiff/Petitioner also filed an application under Order XXXIX Rule 3 CPC to dispense with service of notice on the Opposite parties and to take up IA No.171/226 of 2022 for consideration. Learned Civil Judge, without considering the urgency in the matter, dismissed the said petition by holding that no urgency is involved in the IA for injunction. It is submitted by learned counsel for the Petitioner that the IA is next posted to 27/6/2022. Hence, a direction may be issued to consider and dispose of the IA for injunction on the same date subject to service of notice on the Opposite Parties.