Advocates:
['S S RAO', '', 'S A ALI', 'M/S SATRUGHNA DASH', 'S DASH']

Page 1 of 8

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 268 OF 2022

Safoora Begum

&.

Petitioner

Mr. S.S. Rao, Advocate

-versus-

Latif Khan and another

&.

Opp. Parties

Mr. Satrughna Dash, Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

11.08.2022

4.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this CMP seeks to assail the order dated

15^th March, 2022 (Annexure-14) passed by learned Civil Judge

(Senior Division), 2^nd Court, Cuttack in C.M.A. No.133 of 2016

(arising out of Civil Suit No.128 of 2002), whereby he rejected an

application filed by the Petitioner to hear the petition for

limitation ahead taking up the petition under Order IX Rule 13

C.P.C. (C.M.A. No.133 of 2016) on merit.

3.

The genesis of the case, which is relevant for adjudication

of the CMP, is as under:

3.1

C.S. No.128 of 2002 was decreed ex parte in favour of the

Plaintiff-Petitioner. The Defendants-Opposite Parties filed an

application under Order IX Rule 13 C.P.C. in C.M