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IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 1192 OF 2022

Chittaranjan Pati

&.

Petitioner

Mr. S.S.K. Nayak, Advocate

-versus-

Parsuram Pati and others

&.

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

07.12.2022

01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this CMP seeks to assail the order dated

7^th September, 2022 (Annexure-4) passed by learned Senior

Civil Judge, Pattamundai in D.M. No.26 of 2000 (arising out of

C.S. No.35 of 1988) allowing an application under Order IX

Rule 9 C.P.C. restoring the suit to file.

3.

Mr. Nayak, learned counsel for the Petitioner submits

that the suit has been filed for partition and the same was

dismissed for non-prosecution on 21^st January, 2000. Although

a petition for restoration of the suit under Order IX Rule 9

C.P.C. was filed, but it could not be disposed of for last twenty-

two years. During pendency of the petition under Order IX Rule

9 C.P.C., Defendant Nos.1, 2, 4 and 7 have died. Although legal

heirs of deceased Defendant Nos.1 and 2 were substituted by the

Plaintiffs, but legal heirs of Defendant Nos.4 and 7 were not

substituted and the suit was restored against dead persons. He,

however, submits that in the meantime, the Plaintiffs by filing an

application for substitution, has already brought on record the

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legal heirs of deceased Defendant Nos.4 and 7. It is his

submission that the procedure adopted by learned trial Court is

unknown to law. Hence, the impugned order under Annexue-4

is not sustainable.

4.

Upon hearing learned counsel for the Petitioner, this

Court finds that the suit is for partition and the legal heirs of the

deceased Defendants have already brought on record. As such, I

am not inclined to entertain this CMP, which may further delay

disposal of the suit.

5.

Since the suit is of the year, 1988, learned trial Court

shall make an endeavour for early disposal of the same. Parties

are also directed to cooperate with learned trial Court for early

disposal of the suit.

6.

With the aforesaid observation, this CMP is disposed of

without interfering with the impugned order under Annexure-4.

Urgent certified copy of this order be granted on proper

application.

(K.R. Mohapatra)

Judge

ms