RAJANIGANDHA SAHOO Vs. JAYAPRAKASH SAMAL

JUDGEMENT

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

(2.) Order dtd. 3/2/2017 (Annexure-8) passed by learned Additional District Judge, Jajpur in CMA No.15 of 2015 (arising out of Misc. Case No.15 of 2013 & RFA No.76 of 2008) is under challenge in this CMP, whereby an application under Sec. 151 CPC praying inter alia to set aside the order dtd. 6/4/2015 dismissing Misc. Case No.15 of 2013 for default, has been rejected.

(3.) Mr. Tripathy, learned counsel for the Petitioner submits that C.S. No.132 of 2002 was filed by the father of Opposite Party No.1, namely, late Jagabandhu Samal for permanent injunction against the Petitioners. The suit was decreed in favour of Opposite Party No.1. Assailing the same, the Petitioners preferred RFA No.76 of 2008 under Sec. 96 CPC. But, unfortunately, the first appeal was dismissed for non-prosecution on 13/3/2013. Thus, the Petitioners filed an application under Order XLI Rule 19 read with Sec. 151 CPC praying inter alia to re-admit the appeal. The said Misc. Case No.15 of 2013 was posted to 6/4/2015 for hearing. As the husband of the Petitioner No.1, namely, Petitioner No.2 was staying at Kolkata and Petitioner No.1 was suffering from Rheumatism since 4/4/2015, she could not instruct their advocate, for which Misc. Case No.15 of 2013 was dismissed for default on 6/4/2015. As such, the Petitioners filed CMA No.15 of 2015 under Sec. 151 CPC to recall the order dtd. 6/4/2015 and to restore Misc. Case No.15 of 2013 to file. The said application was rejected vide order dtd. 3/2/2017 under Annexure-8. Assailing the said order, this CMP has been filed.