IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 615 of 2016 Jairam Muduli …. Petitioner Mr. Hitesh Kumar Sahoo, Advocate on behalf of Mr. Debasis Tripathy, Advocate -versus- Babaji Charan Muduli & Others …. Opp. Parties CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 31.07.2026 09. (Through Hybrid Mode) 1. This CMP has been filed challenging the order dated 19.02.2016 passed by the learned Civil Judge (Junior Division), Aul in C.S. No. 98 of 2012 rejecting the application filed by the plaintiff under Order 6 Rule 17 read with Section 151 of the CPC for amendment of the plaint by raising the valuation of the suit from Rs.9000/- to Rs.2,40,000/-. 2. While issuing notice on 29.04.2016, further proceedings in CS No. 98 of 2012 had been stayed. 3. It appears that notice could not be served on Opposite Parties No. 2 to 4 and returned unserved with the endorsement addressee absent for which on 27.07.2016, the Petitioner had been directed to take fresh steps for issue of notice to Opposite Parties No. 2 to 4 in the present correct address by the Registrar (Judicial). As requisites were not filed, the matter was listed again 02.01.2017, when this Court directed that if requisites are not filed within three days, the petition shall stand dismissed without further reference to the Bench. Pursuant to the said order, requisites have been filed, but the notice returned undelivered with the noting of the postal department which was illegible, so on 08.02.2017, the Registrar (Judicial) granted one week time for the Petitioner to take steps for issuance of notice on Opposite Parties No. 2 to 4 and their present correct address, but this has not been done and nine years have elapsed in the meanwhile. 4. Perused the report 28.07.2026 of the learned Civil Judge (Junior Division)-cum-JMFC, Aul. 5. Pursuant to order dated 23.07.2026, status report dated 28.07.2026 of the learned Civil Judge (Junior Division)-cum- JMFC, Aul has been received where it is stated as follows:- “This is a suit for partition and it was initially valued at Rs.9,000/- (Rupees nine thousands) for the purpose of pecuniary jurisdiction. Initially, the suit was posted for evidence from the side of the plaintiff on date 07.03.2014 after settlement of the issues vide order dated 03.02.2014. The plaintiff filed a petition under Order VI Rule 17 of the CPC dated 02.05.2015 while the suit was pending for further cross-examination of plaintiff witness no.1. This Court rejected the said petition vide its order dated 19.02.2016 and it was further posted for cross- examination of plaintiff witness no.1. Then, the plaintiff further filed a memo on dated 04.03.2016 praying therein to return the plaint on the ground of pecuniary jurisdiction of the Court and the said memo along with prayer was rejected by the Court vide order dated 14.03.2016. Thereafter, on dated 02.07.2016 the further proceeding of civil suit no.98 of 2012 was stayed on receipt of the order dated 29.04.2016 passed in CMP No.615 of 2016 by the Hon'ble High Court of Orissa. Subsequently, on dated 07.09.2021, this Court as per the direction of the Hon'ble Supreme Court of India in the case of Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. V. CBI, communicated by memo no.2509 (17) dated 17.12.2020 of respected District Judge, Kendrapara vacated the stay order, vide order dated 07.09.2021 of this Court. Now, the case record is posted to date 13.08.2026 for further cross-examination of plaintiff witness no.1.” 6. It is apparent that after vacation of the stay order, the suit has proceeded and the plaintiff has been examined and cross- examination of the plaintiff is continuing. 7. It is also apparent that fresh requisites for issuance of Opposite Parties No.2 to 4 in their correct addresses have not been filed, even though nine years have elapsed. Page 4 of 4 puspa 8. I am therefore not inclined to entertain this CMP in these circumstances, and no useful purpose will be served by keeping the CMP pending, hence it is dismissed. 9. Interim order passed earlier stands vacated. 10. Misc. Case No. 603 of 2016 stands disposed of. 11. Copy of this order be communicated to the learned Civil Judge (Junior Division), Aul by the Registry. (Savitri Ratho) Judge