Orissa High Court
CMP/137/2021 on 12 April, 2021
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
C.M.P.No.137 of 2021
04. 12.04.2021 This matter is taken up through video
conferencing mode.
2. Heard Mr. Mithun Das, learned counsel for the
petitioner and Mr. Anam Charan Panda, learned
counsel for the opposite party no.1.
3. This CMP has been filed assailing the order dated
17.02.2021 (Annexure-7) passed by learned 1st
Additional District Judge, Rourkela in FAO No.1 of
2021, whereby he dismissed the appeal and confirmed
the order dated 07.01.2021 passed by learned Civil
Jude (Junior Division), Rourkela in I.A. No.11 of 2020
(arising out of C.S. No.12 of 2020).
4. Mr. Panda, learned counsel for the opposite party
no.1 by filing the certified copy of the order dated
18.03.2021 submits that Civil Suit No.12 of 2020 has
been dismissed for default. As such, the CMP has
become infructious.
5. Mr. Das, learned counsel for the petitioner
although accepts that the suit has been dismissed for
default vide order dated 18.03.2021, but submitted
that a petition under Order IX Rule 4 C.P.C. has been
filed in CMA No.22 of 2021 for restoration of the suit.
6. In view of dismissal of the suit, the impugned
order merges with the same. Accordingly, the CMP is
dismissed as infructuous.
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K.R. MOHAPATRA,J.
jm