JUDGMENT :

Amitava Roy, C.J.

The instant appeal witnesses a challenge to the judgment/order dated 17.12.2013 rendered in W.P.(C) No.1754 of 2012 interfering with the order dated 21.01.2012 passed by the learned Civil Judge (Sr. Division), Bhubaneswar, in CMA No.1/12 arising out of C.S. No.42/95 directing the respondent no.2 herein (plaintiff) to delete the name of respondent no.1 from the said application (CMA No.1/12) filed to restore CMA Nos.250 and 251 of 2009.

2. We have heard Mr A.R. Dash, learned counsel for the appellant, Mr R.C. Sarangi, learned for respondent no.2 and Mr K. Jena, learned counsel for respondent no.1.

3. The facts, in brief, would be necessary to outline the backdrop. The respondent no.2 instituted C.S. No.42/95 against the appellants. The suit was dismissed for default on 18.7.2003. The respondent no.2 (plaintiff) sold the suit property to respondent no.1 on 3.5.2010. Prior thereto, he had filed an application under Order 9 Rule 9 read with Section 151 of the Code of Civil Procedure (for short, hereinafter referred to as “the CPC/Code”) for restoration of the suit along with an application under Section 5 of the Indian Limitation Act, 1963 (hereinafter refer