IN THE HIGH COURT OF ORISSA AT CUTTACK

C.M.P. No.1262 of 2024

An application under Articles 226 and 227 of the Constitution of

India)

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Santosh Kumar Panda ...… Petitioner

-Versus-

Kulamani Panda & Another ..…. Opp. Parties

Advocate(s) appeared in this case:-

_______________________________________________________

For Petitioner : Mr. S. Sahu, Advocate

For Opp. Parties : Mr. B.N. Panda, Advocate

___________________________________________ CORAM: JUSTICE SASHIKANTA MISHRA

J U D G M E N T

20thof August, 2025

SASHIKANTA MISHRA, J.

The petitioner questions the correctness of order

dated 08.08.2024 passed by the learned District Judge, Jajpur in dismissing Civil Revision No.6 of 2023 filed by him whereby, the order passed by the trial Court restoring

the suit dismissed for default, was confirmed.

2. The facts, relevant only to decide the present application are that the Opposite Parties/plaintiffs filed C.S. No.242 of 2009 wherein, the present petitioner was the sole defendant. By order dated 20.09.2021, the trial Court dismissed the suit for non-prosecution as the plaintiff had taken no steps but the defendant was present. An application was filed by the plaintiff under Order IX Rule 9 of