MADAN MOHAN PATRA Vs. NIMISH ATHA

JUDGEMENT

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

(2.) Order dtd. 27/2/2023 (Annexure-2) passed by learned Senior Civil Judge (L R and LTV), Jharsuguda in TS No.20/37 of 1996-2002 (TS No.25 of 2016) is under challenge in this CMP, whereby an application filed by Petitioner/Defendant No. 9 under Order IX Rule 7 CPC has been rejected.

(3.) Mr. Sarangi, learned Senior Advocate appearing on behalf of the Petitioner strenuously urged that the Petitioner was set ex-parte on 28/8/2001. No notice whatsoever was served on him at any point of time. However, coming to know about pendency of the suit, the Petitioner filed an application under Order IX Rule 7 CPC for setting aside the ex-parte order and to participate in the proceeding of the suit by filing written statement. It is his submission that although the suit is of the year 1996, but trial of the suit commenced in the year 2022 only. Thus, the Plaintiff will not be prejudiced if the Petitioner is allowed to file his written statement and contest the suit. This material aspect was lost sight of the learned trial Court while adjudicating the matter. Accordingly, he prays for setting aside the impugned order and to permit the Petitioner to participate in the hearing of the suit by filing written statement.