Orissa High Court
CMP/1052/2016 of SANJUKTA PANDA Vs NITYANANDA BEHERA on 21 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1052 of 2016 CNR No. - ODHC010386762016 1.Sanjukta Panda 2.Krupasindhu Panda …. Petitioners Mr. A . K. Dash, Advocate on behalf of Mr. A . Dash, Advpcate -versus- 1.Nityananda Behera 2.Dipak Kumar Panda 3.Golaka Behari Panda …. Opp.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 1052 of 2016
CNR No. - ODHC010386762016
1.Sanjukta Panda
2.Krupasindhu Panda
….
Petitioners
Mr. A. K. Dash, Advocate
on behalf of Mr. A. Dash, Advpcate
-versus-
1.Nityananda Behera
2.Dipak Kumar Panda
3.Golaka Behari Panda
….
Opp. Parties
Mr. P. Behera, (for O.P. No.1)
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
Order No.
04. 21.08.2026
(Through hybrid Mode)
1. This CMP has been filed challenging the order dated 20.04.2016 passed by the learned Civil Judge (Junior Division), Bhadrak in O.S. No. 144 of 1998-I (Annexure-5), rejecting the application filed by the plaintiff under Order 6 Rule 17 of the CPC to amend the plaint.
2. While issuing notice on 15.11.2016, further proceedings in the suit had been stayed by this Court.
3. On 29.07.2026, the Registry had been directed to call for a report from the learned Civil Judge (Junior Division), Bhadrak regarding status of the suit.
4. On 12.08.2026 in view of the office note regarding non-receipt of report without mentioning when the report was called for, an explanation was called for from the concerned Dealing Assistant.
5. As copy of letter dated 30.07.2026 of the Registry calling for a report was found in the record, the learned Civil Judge, Bhadrak was also asked to submit an explanation for not sending the report.
6. Pursuant to order dated 12.08.2026, report dated 14.08.2026 of the learned District judge, Bhadrak, explanation of the learned Civil Judge dated 13.08.2026 and of the Dealing Assistant dated 20.08.2026 have been received.
7. The learned Civil Judge has stated in his explanation dated 13.08.2026 that on receipt of the letter of the High Court from the District Judge, he had sent the report on 11.08.2026. The District Judge, Bhadrak in his forwarding letter dated 14.08.2026 has submitted that the report dated 11.08.2026 of the Civil Judge had been forwarded to the High Court on 12.08.2026.
8. It is therefore apparent that the report dated 11.08.2026 of the learned Civil Judge had been forwarded on 12.08.2026 to the High Court by the learned District Judge. Had the Dealing Assistant checked theOCP site on 12.08.2026 and sent the report to the Court, the CMP could have been disposed of on that day saving a lot of time and effort.
9. Perusal of the report of the learned Civil Judge reveals that O.S No. 144 of 1998 has been dismissed due to default of the plaintiff on 10.10.2023.
10. In view of the fact that that the suit has been dismissed in the learned trial Court, no useful purpose will be served by keeping this CMP pending, so the same is dismissed.
11. Interim order passed earlier stands vacated.
12. Misc. Case No. 1070 of 2016 stands disposed of.
13. Urgent certified copy of this order be granted on proper application.
(Savitri Ratho)
Judge
Subhalaxmi
Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 21-Aug-2026 20:23:40 Signature Not Verified