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2016 DAILYLAW 1379 (ORI)

BHUBANA KAMPA v. PURNA CH.KAMPA

CMP/1106/2016 · 2026-07-24

Miss Savitri Ratho

body2016

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1106 of 2016 Bhubana Kampa …. Petitioner Mr. Kousik Ananda Guru, Advocate -versus- Purna Chandra Kampa & 30 Others …. Opp. Parties Mr. Prasanta Ku. Nayak, Advocate CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 24.07.2026 (Through Hybrid Mode) 05. 1. This CMP has been filed challenging the order dated 19.07.2016 passed by the learned Civil Judge (Senior Division), Boudh in C.S. No. 113 of 2015, rejecting the application of the plaintiff filed under Order 26 Rule 4A of the CPC for issue of a commission for examination of a witness in the suit. 2. While issuing notice on 08.08.2016, further proceeding in C.S. No. 113 of 2015 pending before the learned Civil Judge (Senior Division), Boudh had been stayed. 3. Learned counsel for the Parties submits that they do not have up-to-date instructions regarding present status of the suit. 4. Mr. Prasanta Ku. Nayak, learned counsel appearing on behalf of Opposite Parties No. 2 and 17 after checking the status of the suit in the e-Court Website submits that Civil Suit No. 113 of 2015 has been dismissed for default on 10.01.2022. 5. In view of this development, no useful purpose will be served by adjourning the case for obtaining instructions. 6. The CMP is therefore dismissed. 7. However, liberty is granted to the Petitioner for revival of the suit within a period of four weeks, in case cause of action still survives. 8. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer