A judicial order allowing impleadment under Order 1 Rule 10 C.P.C. must be a reasoned, speaking order that considers the objections of the parties and follows settled legal precedents; otherwise, it is liable to be set aside.

1. This matter is taken up through hybrid mode.

2. The Petitioner in this CMP seeks to assail the order dated 23rd March, 2022 (Annexure-4) passed by learned Senior Civil Judge (LR), Jagatsinghpur in C.S. No.166 of 2020, whereby an application filed by the subsequent purchaser under Order 1 Rule 10 C.P.C. has been allowed.

3. Mr. Bhuyan, learned counsel for the Petitioner submits that the Plaintiff in the suit is the Petitioner in this CMP. The suit has been filed for declaration of right, title, interest and damages along with perpetual as well as mandatory injunction. During pendency of the suit, an application was filed by Opposite Party No.5, namely, Smt. Bhanumati Sahu, to be impleaded as a party in the suit stating that she has purchased the suit property. Although objection was filed to the said application under Annexure-3, learned trial Court without discussing the same passed the impugned order, which is a cryptic and non-speaking one. It is his submission that learned trial Court while adjudicating the matter did not at all take into consideration the ratio decided in the case of Sudhamayee Pattnaik and others –v- Bibhu Prasad Sahoo and others, reported in 2022 SCC Online SC 1234. He, therefore, submits that the impugned order is liable to be set aside and the petition under Order 1 Rule 10 C.P.C. should be dismissed as not maintainable.

4. Taking into consideration submission made by learned counsel for the Petitioner and on perusal of the record, it appears that the impugned order under Annexure-4 is a cryptic and non-speaking one. Objection raised by the Petitioner has not been taken into consideration while adjudicating the petition under Order 1 Rule 10 C.P. filed by Opposite Party No.5. Thus, this Court feels that no fruitful purpose will be served by keeping the CMP pending before this Court awaiting response from the Opposite Parties, which will cause further delay in disposal of the suit.

5. Accordingly, this Court sets aside the order dated 23rd March, 2022 (Annexure-4) passed by learned Senior Civil Judge (LR), Jagatsinghpur in C.S. No.166 of 2020 and directs learned trial Court to adjudicate the petition under Order 1 Rule 10 C.P.C. afresh giving opportunity of hearing to the parties concerned by passing a reasoned order keeping in mind the ratio decided in the case of Sudhamayee Pattnaik (supra).

6. Since this order is passed without issuing notice to the Opposite Parties, they are at liberty to seek for variation of the same, if they feel aggrieved.

7. The CMP is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.