NARAYAN BARIK Vs. PURNA CHANDRA BARIK

JUDGEMENT

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

(2.) Order dtd. 16/3/2018 (Annexure-1) passed by learned Civil Judge (Senior Division), Puri in C.M.A. No.152 of 2009 (arising out of CMA No.203 of 2005) is under challenge in this CMP, whereby an application to restore CMA No.203 of 2005 filed under Order IX Rule 13 CPC to set aside the ex parte decree passed in C.S. No.320 of 1999, has been dismissed.

(3.) Ms. Sahoo, learned counsel for the Petitioners submits that status of Petitioner No.2 was under challenge in the suit. Unfortunately the suit was decreed ex parte as the Petitioners did not file any written statement. Thus, an application under Order IX Rule 13 CPC in CMA No.203 of 2005 was filed to set aside the ex parte decree. The said application was posted to 7/7/2009 for adducing evidence by the Petitioners. But, the Petitioners could not present the witness and participate in the proceeding. Hence, it was dismissed for non-prosecution. Accordingly, CMA No.152 of 2009 under Sec. 151 CPC was filed to restore CMA No.203 of 2005, which was also dismissed vide order under Annexure-1. Hence, this CMP has been filed assailing the said order.