Orissa High Court
CMP/1568/2016 of STATE BANK OF INDIA,SARB Vs ASIT DASH on 13 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1568 of 2016 CNR No. ODHC010131772016 State Bank of India … Petitioner Mr. Himanshu Patnaik, Advocate -versus- Sri Asit Dash and Others … Opp. Parties None (For O.Ps. No.5 and 6) CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 1568 of 2016
CNR No. ODHC010131772016
State Bank of India
…
Petitioner
Mr. Himanshu Patnaik, Advocate
-versus-
Sri Asit Dash and Others
… Opp. Parties
None
(For O.Ps. No.5 and 6)
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
13.08.2026
09. (Through hybrid Mode)
1. The CMP has been filed challenging the order dated 27.08.2016 passed by the learned Civil Judge (Junior Division), Puri in C.S. No. 88 of 2013 (Annexure-3) rejecting the petition filed by the Petitioner (defendant) under Order 7, Rule 11 (b) & (d) of the CPC read with Section 151 of the CPC seeking rejection of the plaint.
2. While issuing notice on 25.10.2016, further proceeding in the civil suit had been stayed by this Court.
3. On 04.08.2026 when the matter was listed, the Registry had pointed out that steps for substitution of Opposite Parties No.4 and 7 had not been taken in the case nor had requisites with correct address for issue of notice on Opposite Parties No.5 and 6 been filed.
4. On prayer of Mr. H. Patnaik, learned counsel for the puspa Petitioner to obtain specific instruction for the loan account of the borrowers has been settled and about the status of the suit, the matter had been adjourned to today.
5. When the matter is taken up, Mr. H. Patnaik, learned counsel for the Petitioner appears on virtual mode and submits that the loan account of the borrowers has been closed and ‘No Due Certificate’ issued on 07.09.2023 and their title documents have been returned on 23.11.2023. He also submits that Civil Suit No. 88 of 2013 has been dismissed for non-prosecution of the plaintiff on 02.07.2025.
6. In view of the disposal of the suit, no useful purpose will be served by keeping the CMP pending which is accordingly dismissed.
7. Interim order passed earlier stands vacated.
8. Misc. Case No. 1648 of 2016 stands disposed of.
(Savitri Ratho)
Judge
Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court Date: 14-Aug-2026 19:12:45 Signature Not Verified