Orissa High Court
CMP/1109/2016 of GOPAL SAHOO Vs ASHOK KUMAR ROUTRAY on 29 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1109 of 2016 Gopal Sahoo … Petitioner None -versus- Ashok Kumar Routray and Others … Opp. Parties None CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 29.07.2026 05. (Through hybrid Mode) 1. This CMP has been filed
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 1109 of 2016
Gopal Sahoo
…
Petitioner
None
-versus-
Ashok Kumar Routray and Others
… Opp. Parties
None
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
29.07.2026
05. (Through hybrid Mode)
1. This CMP has been filed challenging the order dated 05.05.2016 passed by the learned Civil Judge, Senior Division, Jagatsinghpur in C.S. No. 211 of 2013 rejecting the application of the Petitioner-the plaintiff filed under Order 6 Rule 17 of the CPC to implead the legal heirs of deceased Defendant No.1.
2. While rejecting the application, the plaintiff had been directed to file an appropriate application for substitution of the legal heirs of the deceased.
3. Notice had been issued in this CMP on 17.08.2016 but no interim order had been passed staying further proceeding in the suit.
4. Office note indicates that steps for requisites for issue of notice on Opposite Party No.3 has not been filed and Opposite puspa Party No.5 has died in the meanwhile.
5. From the nature of impugned order and as no interim order has been passed by this Court, it can safely be presumed that the Petitioner must have filed separate application for substitution of the legal heirs and the suit must have proceeded.
6. Hence, no useful purpose will be served by keeping the CMP pending, which is accordingly dismissed.
(Savitri Ratho)
Judge
Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 29-Jul-2026 18:31:37 Signature Not Verified