ANNAPURNA SATPATHY Vs. DEBA DUTTA RATHA

JUDGEMENT

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

(2.) This I.A. has been filed for restoration of the CMP, which was disposed of on 4/5/2022 granting liberty to the Petitioners to challenge the order dtd. 4/3/2020 at Annexure-4 subject to the outcome of the proceeding under Order IX Rule 13 CPC.

(3.) Mr. Bhuyan, learned counsel for the Petitioners submits that CMP No.328 of 2020 was filed assailing the order dtd. 4/3/2020 allowing an application filed by the Plaintiff-Opposite Party No.1 under Order VIII Rule 6-C CPC to exclude the counter claim filed by the Defendants-Petitioners. When CMP No.328 of 2020 was taken up for final disposal on 4/5/2022, the suit had already been decreed ex parte and an application under Order IX Rule 13 CPC was pending for consideration. Thus, disposing of the CMP vide order dtd. 4/5/2022, this Court granted the aforesaid liberty. In terms of the liberty granted, I.A. No.308 of 2024 has been filed for restoration of this CMP.