BANBIHARI DAS Vs. RABINDRA BEHERA

JUDGEMENT

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

(2.) Order dtd. 24/3/2023 (Annexure-7) passed by learned Civil Judge (Senior Division), Jaleswar in CS No.618 of 2019 is under challenge in this CMP, whereby an application filed by the Petitioners for stay of further proceeding of the aforesaid suit under Sec. 10 CPC has been rejected.

(3.) In course of hearing, Mr. Basu, learned counsel for the Petitioner submits that the application under Sec. 10 CPC has not been couched properly and the prayer made therein was also not specific. He, therefore, prays for withdrawal of the CMP to file a fresh application under Sec. 10 CPC with better particulars. He also submits that a direction may be made to consider the said application on its own merit without being influenced by the observation made in the impugned order.