BANDAN KUMAR MAHAPATRA Vs. SRI BIJAN KUMAR MAHAPATRA

JUDGEMENT

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

(2.) This CMP has been filed assailing the order dtd. 28/6/2022 (Annexure-6) passed by learned Civil Judge (Senior Division), Puri in Civil Suit No.892 of 2015/58 of 2022, whereby an application under Sec. 10 read with Sec. 151 C.P.C. was rejected.

(3.) Mr. Acharya, learned Senior Advocate submits that the application under Sec. 10 C.P.C. was in fact is a misconceived application as it was in respect of part of the relief prayed for in the suit. He, therefore, submits that interest of justice will be best served if the Plaintiff-Petitioner files a properly constituted application under Sec. 10 C.P.C. and prays for withdrawal of the CMP.