ORISSA HIGH COURT : CUTTACK C.R.P. No.19 of 2019 In the matter of an Application under Section 115 of the Code of Civil Procedure, 1908 ***

1. M/s. Kalinga Utkal Buildwell Private Ltd.

Having its Registered Office at Near Car Fashion Mani Sahoo Chhak Buxi Bazar, Cuttack Represented through its Director, Mukesh Jain Aged about 30 years Son of Madan Jain Resident of Jivendra A-52, Sastri Nagar, Jodhpur Rajasthan.

2. Mukesh Jain, Aged about 30 years, Son of Madan Jain Resident of Jivendra A-52, Sastri Nagar, Jodhpur Rajasthan. … Petitioners.

-VERSUS-

1. Orissa Textiles and Steels Employees‟ Union Naya Bazar, Cuttack A Registered Trade Union Represented by its General Secretary Sri Hrudananda Pattanayak Aged about 58 years Son of Late Dhruba Charan Pattanayak At: Tinigharia, P.O.: Naya Bazar P.S.: Madhupatna District: Cuttack.

2. Orissa Textiles and Steels Ltd., Having its Registered Office At: Naya Bazar, Cuttack Represented through its Additional Director Siba Prasad Mishra At/P.O.: Nayabazar P.S.: Madhupatna, Cuttack.

3. Kalinga Textile Corporation, Represented by its Partner Siba Prasad Mishra Aged about 53 years Son of Late Raghunath Mishra Resident of HIG-II-C-62 Housing Board Colony Baramunda Bhubaneswar - 3. … Opposite Parties.

Counsel appeared for the parties:

For the Petitioners : M/s. Surya Prasad Misra, Senior Advocate assisted by Ms. Sagarika Sahoo and Mr. A.C. Panda, Advocates For the Opposite Party : M/s. Bamdev Baral, B.K. Jena, No.1 G.P. Swain, Ch. B.K. Praharaj, A.N. Dash, T. Lenka and C. Mallick, Advocates For the Opposite Party : Mr. Sougat Dash, Advocate No.2 P R E S E N T: HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN Date of Hearing : 27.11.2024 :: Date of Judgment : 03.02.2025

JUDGMENT

MURAHARI SRI RAMAN, J.

Assailing the legality and propriety of Order dated 30.09.2019 passed by the learned 2nd Additional Civil Judge (Senior Division), Cuttack in connection with petition under Clauses (a) and (d) of Rule 11 of Order VII of the Code of Civil Procedure, 1908 filed by the defendant Nos.3 and 4 (petitioners herein) with the prayer to reject plaint in the suit, bearing CS No.1039 of 2017, the petitioners have sought to invoke the jurisdiction of this Court under Section 115 of ibid. with the following prayer(s):

“It is therefore most respectfully prayed that this Hon‘ble Court may graciously be pleased to admit the Revision, call for the Records of CS No.1039 of 2017, from the Court of the 2^nd Additional Civil Judge, Senior Division, Cuttack, and after hearing, set aside the impugned Order dated 30.09.2019, at Annexure-1 to the revision petition and the petitioner under Order VII, Rule 11, Civil Procedure Code at Annexure-4 be allowed;

And, may pass any other Order/Orders as this Hon‘ble Court may deem fit;

And, for this act of kindness, the petitioners as in duty bound shall ever pray.‖

Facts:

2. The opposite party No.1, namely, Orissa Textiles and Steels Employees‟ Union (for convenience hereinafter referred to as “the Union”) filed the suit bearing Civil Suit No.1039 of 2017 pending in the file of the Court of the learned 2nd Additional Civil Judge (Senior Division), Cuttack, with the following prayer(s):

“(a) A decree be passed declaring the RSD No.517, dated

31.01.2006 and RSD No.518, dated 31.01.2006, registered at District Sub-Registrar Office, Cuttack by the Defendant No.1 and 2 in favour of Defendant No.3 as void, in-operative-in-law and not binding upon the plaintiffs;

(b) A declaration that Mutation Record-of-Right bearing Khata No.71 and Khata No.659 of Mouza: Nuapada under Cuttack Sadar Police Station of District Cuttack are void documents;

(c) The defendants be permanently restrained not to come upon the suit land, not to disturb the peaceful possession of the plaintiff, not to change the nature and character of the suit, not to transfer the suit land in favour of outsiders;

(d) A decree be passed for cost of the suit in favour of the plaintiffs;

(e) Any other relief/reliefs as may be deemed fit in favour of the plaintiffs