IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1631 of 2015 CNR No.- ODHC010123682015 1. Bharati Patro …. Petitioner Mr. Manoj Kumar Mohanty, Advocate -versus- Purna Chandra Majhi (i) Loknath Majhi (ii) Binod Bihari Majhi …. Opposite Parties None CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 07.08.2026 13. (Through Hybrid Mode) 1. This CMP has been filed challenging the order dated 11.09.2015 passed by the learned Civil Judge (Junior Division), Berhampur in Civil Suit No. 43 of 2014, rejecting the application filed by the plaintiff-Petitioner for amendment of the plaint. 2. While issuing notice on 15.12.2015, this Court had directed for stay of further proceeding in Civil Suit No. 43 of 2014. This interim order had been extended on 21.03.2017, 12.04.2017 and 26.04.2017. Thereafter the matter was listed on 28.07.2025, when it was sent to the High Court, Medication Centre, but the report of the Mediator dated 10.10.2025 reveals that the parties remained absent so the mediation was stated to be unsuccessful. 3. Since more than 11 years had elapsed since filing of the CMP, on 24.07.2026 this Court had called for a report from the learned trial Court regarding status of the Civil Suit. 4. Report dated 04.08.2026 of the learned Civil Judge, Berhampur has been received, where it is stated that Civil Suit No. 43 of 2014 has been dismissed for default on 22.06.2022 at the stage of evidence from the side of the Plaintiff. 5. Hence, no useful purpose will be served by keeping this CMP pending, for which it is dismissed. 6. Interim order passed earlier stands vacated. Misc. Case No. 1690 of 2015 stands disposed of. 7. Mr. Mohanty, learned counsel for the Petitioner submits that application under Order 9 Rule 9 of the CPC has been filed in the learned Court below. 8. The Petitioner is at liberty to file an application for revival of this CMP, in case application under Order 9, Rule 9 of the CPC is allowed and before dismissal of the suit the suit had not proceeded and evidence has not been recorded. (Savitri Ratho) Judge Subhalaxmi SAHOO