Advocates:
['BIBEKANANDA BHUYAN', '', 'S S BHUYAN', 'S S MOHAPATRA', 'M/S N PARIJA', 'A K MOHANTY', 'S PARIJA']

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IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No.778 of 2022

Urbasi Sethi

….

Petitioner

Mr. Bibekananda Bhuyan, Advocate

-versus-

Natha Barik and others

….

Opp. Parties

Mr. Narayan Prasad Parija, Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

02.11.2022

2.

1.

This matter is taken up through hybrid mode.

2.

This CMP has been filed assailing the order dated 23^rd

July, 2019 (Annexure-3) passed by learned 1^st Additional Senior

Civil Judge, Cuttack in CS No.341 of 2019, whereby learned

trial Court without adhering to the procedure laid down under

Order X CPC posted the matter for hearing on the settlement of

issues.

3.

Mr. Bhuyan, learned counsel for the Petitioner submits

that there is delay in assailing the order impugned herein and

delay has been explained at para-9 of the CMP, which reads as

under:-

“9.

That the aforesaid illegalities committed by the Ld.

Civil Judge came to the knowledge of the petitioner first

time on 29.07.2022 when the certified copy vide Annexure-

3 was obtained for pursuing the hearing of CMP