BHIMA CHARAN NAYAK Vs. HARMOHAN JENA

JUDGEMENT

(1.) This Civil Miscellaneous Petition under Article 227 of the Constitution of India, 1950 has been filed by the petitioners (plaintiffs in the suit vide C.S. No.197 of 2010 in the Court of learned Civil Judge, Jr. Division, Bhadrak) praying for setting aside the dismissal order dtd. 12/7/2023 passed in CMA No.206 of 2022 under O.9 R.4 read with Sec. 151 of the CPC, 1908 by the learned Civil Judge (Jr. Division), Bhadrak.

(2.) The factual backgrounds of this CMP, which prompted the petitioners for filing of the same is that, the petitioners being the plaintiffs filed the suit vide C.S. No.197 of 2010 in the Court of learned Civil Judge (Jr. Division), Bhadrak against the defendant (O.P. in this CMP) praying for declaration of their right, title and interest over the suit properties along with other reliefs.

(3.) Heard from the learned counsels of both the sides.