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IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO.1389 OF 2023

Rangalata Sahoo

….

Petitioner

Mr. Maheswar Mohanty, Advocate

-versus-

Lambodhar Behera and others

….

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

24.11.2023

01.

1.

This matter is taken up through hybrid mode.

2.

Order dated 18^th October, 2023 (Annexure-5) passed by

learned Civil Judge (Senior Division), Chandikhole in CS No.52 of

2020 is under challenge in this CMP, whereby an application filed

by the Defendant -Opposite Party No.1 under Order IX Rule 7 CPC

to set aside the ex-parte order dated 19^th January, 2023 was allowed

and the Defendant was permitted to contest the suit by filing his

written statement.

3.

It is submitted by Mr. Mohanty, learned counsel for the

Petitioner that after closure of the evidence from the parties and

when the argument of the suit was going on, the Defendant-

Opposite Party No.1 filed an application under Order IX Rule 7

CPC to set aside ex-parte order dated 19^th January, 2023 and to

allow him to contest the suit by filing the written statement.

4.