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2025 DAILYLAW 15331 (ORI)

ADIKANDA NAYAK v. HARIHARA PRADHAN

CMP/244/2025 · 2025-06-23

B P Routray

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.244 of 2025 Adikanda Nayak and Another …. Petitioners Mr. M.M. Patnaik, Advocate -versus- Harihara Pradhan …. Opposite Party None is present CORAM: SHRI JUSTICE B. P. ROUTRAY ORDER 23.6.2025 Order No. 05. 1. Heard Mr. M.M. Patnaik, learned counsel for the Petitioners. None appears on call for the Opposite Parties despite the name of Lawyers are indicated in the list. 2. The Petitioners have prayed for acceptance of their written statement in the suit wherein they are Defendant No.1 and 2. It is admitted that in the suit, i.e. CS No.308 of 2016, Defendant No.1 and 2 entered their appearance on 1st November, 2016 but they filed their written statement on 19th December, 2022 along with a petition to accept the WS. 3. The mandate under Order 8 Rule 1 to file WS within the time frame is clear and the law on the same is no more res integra. It also remains undisputed that the petition for acceptance of the written statement filed beyond prescribed time limit is without any supporting affidavit and the grounds mentioned to explain the reasons of delay are unconvincing. The reasons therefore to entertain the prayer of the Petitioner as stated by learned trial Judge cannot be interfered with. The CMP is accordingly dismissed. ( B.P. Routray) Judge M.K.Panda Designation: Personal Assistant