PURNA CHANDRA PANDA Vs. BHAGYALAKSHMI SAHU

JUDGEMENT

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

(2.) Order dtd. 28/7/2022 (Annexure-2) passed in CS No.24 of 2021 whereby learned Civil Judge, Senior Division, Khallikote rejected an application under Order IX Rule 7 CPC filed by the Petitioner is under challenged in this CMP.

(3.) Mr. Samantaray, learned counsel submits that the Petitioner is Defendant No.1 in the Suit. Vide order dtd. 27/7/2021, learned trial Court treating the notice on Defendant No.1 to be sufficient set him ex parte. Subsequently, a petition was filed under Order IX Rule 7 CPC to set aside the ex parte order and to accept the written statement. Learned trial Court, vide order dtd. 28/7/2022 rejected the same. Hence, this CMP has been filed.