SAHADEV SWAIN Vs. KAPILA KHUNTIA

JUDGEMENT

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

(2.) Order dtd. 17/4/2023 (Annexure-3/1) passed by learned Civil Judge, Bhubaneswar in C.S. No.1219 of 2022 is under challenge in this CMP, whereby the written statement filed by the Defendants-Opposite Parties has been accepted subject to payment of cost of Rs.500.00.

(3.) Mr. Nayak, learned counsel for the Petitioner submits that the suit has been filed by the Plaintiff-Petitioner for permanent prohibitory and mandatory injunction. The Defendants appeared on 21/6/2022. As they did not file their written statement in spite of several adjournments, they were debarred from filing written statement vide order dtd. 26/10/2022. On 3/12/2022, the Defendants filed written statement along with a petition to accept the same. Learned trial Court discussing the rival contentions of the parties and that no ground is made out to accept the written statement, rejected the petition on 17/3/2023 (Annexure-3). Subsequently, the Defendants filed another application on 5/4/2023 under Order VIII Rule 9 CPC with the self-same prayer. Learned trial Court holding that the petition was filed on different technical ground than the previous one, allowed the same subject to payment of cost of Rs.500.00 and directed the Defendants to file their written statement by 2/5/2023 and to pay the cost.