IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1611 of 2016 [CNR No.- ODHC010157782016] Makadali Samal …. Petitioner Mr. M. Balakrishna Rao, Advocate -versus- 1. Subash Chandra Pal 2. Sailendra Narayan Singh Deo …. Opp. Parties None (For O.Ps. No.1 and 2) CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 12. 31.08.2026 (Through hybrid Mode) 1. This CMP has been filed challenging the order dated 14.09.2016 passed by the learned Civil Judge (Jr. Division), Hindol in C.S. No.20 of 2015 (Annexure-4), rejecting the application filed by the plaintiff under Order 6 Rule 17 of the CPC, for amendment of the plaint. 2. While issuing notice on 08.11.2016, further proceedings in C.S. No. 20 of 2015 had been stayed by this Court. 3. On 20.08.2026, considering the prayer of learned counsel for the Petitioner for adjournment in order to obtain instructions, the case had been adjourned to today and the Registry had been directed to call for a report from the learned Civil Judge (Jr. puspa Division), Hindol regarding present status of C.S. No.20 of 2015 and specific instructions if the suit has proceeded after 14.09.2016. 4. Report dated 28.08.2026 of the learned Additional Civil Judge (Junior Division), Hindol has been received where it is stated that in view of the decision of the Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. vrs. Central Bureau of Investigation, further proceeding in the suit had been resumed on 27.08.2021 and the case was posted for hearing from the side of the plaintiff. As the plaintiff did not take any steps from 27.08.2021 till 04.05.2024, the case has been dismissed for default of the plaintiff on 04.05.2024. 5. In view of the dismissal of the civil suit, no useful purpose will be served by keeping the CMP pending. 6. The CMP is accordingly dismissed. 7. Interim order passed earlier stands vacated. 8. Misc. Case No. 1696 of 2016 stands disposed of. (Savitri Ratho) Judge Designation: Personal Assistant