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2025 DAILYLAW 3099 (ORI)

MANA MOHAN BISWAL@MANARANJAN BISWAL v. HARIHAR BISWAL

CMP/1347/2025 · 2026-01-06

B P Routray

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1347 of 2025 Mana Mohan Biswal @ Manaranjan Biswal …. Petitioner Mr. S.K.Mishra, Sr.Advocate -versus- Harihar Biswal & Ors. …. Opposite Parties Mr. R.Singh, Advocate CORAM: SHRI JUSTICE B. P. ROUTRAY ORDER 06.01.2026 Order No. 03. 1. Heard Mr. Mishra, learned Sr.Counsel for the Petitioner and Mr. Singh, learned counsel for Opposite Parties. 2. Present CMP is directed against order dated 25th July 2025 of learned Civil Judge (Junior Division), Nilgiri passed in C.S. No.20 of 2020, wherein the prayer to accept the written statement of Defendant No.1 has been refused on the ground of delay. 3. Upon hearing both parties and taking note of the principles settled in various decisions including Saleem Advocate Bar Association, T.N. vs. Union of India, (2005) 6 SCC 344, the opportunity is granted to Defendant No.1 to accept his defence as a matter of substantial right. Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-Jan-2026 18:42:57 Signature Not Verified p. 2 4. Accordingly, the CMP is disposed of with a direction to the Trial Court to accept the written statement filed by Defendant No.1 subject to payment of cost of Rs.5,000/- (Rupees Five thousand only) to the Plaintiff, within a period of thirty days from today. 5. An urgent certified copy of this order be granted on proper application. ( B.P. Routray) Judge S.Das