IN THE HIGH COURT OF ORISSA AT CUTTACK C.M.P. No.1030 of 2023 (An application under Article 227 of the Constitution of India, 1950)

Bhima Charan Nayak and Others …. Petitioners -versus-

Harmohan Jena …. Opposite Party Appeared in this case by Hybrid Arrangement (Virtual/Physical Mode):

For Petitioners - Mr. S. Mohanty, Advocate.

For Opposite Party - Ms. P. Naidu, Advocate. CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA Date of Hearing :19.02.2026 :: Date of Judgment :19.02.2026 A.C. Behera, J. This Civil Miscellaneous Petition under Article

227 of the Constitution of India, 1950 has been filed by the petitioners (plaintiffs in the suit vide C.S. No.197 of 2010 in the Court of learned Civil Judge, Jr. Division, Bhadrak) praying for setting aside the dismissal order dated 12.07.2023 passed in CMA No.206 of 2022 under O.9 R.4 read with Section 151 of the CPC, 1908 by the learned Civil Judge (Jr. Division), Bhadrak.

2. The factual backgrounds of this CMP, which prompted the petitioners for filing of the same is that, the petitioners being the plaintiffs filed the suit vide C.S. No.197 of 2010 in the Court of learned Civil Judge (Jr. Division), Bhadrak against the defendant (O.P. in this CMP) praying