IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1912 of 2025 Tirupati Panigrahi …. Petitioner Mr. G. Mukherjee, Sr. Advocate along with Mr. A. Dash, Advocate -versus- Tirupati Choudhury and Others …. Opposite Parties Mr. S.P. Mishra, Sr. Advocate along with Mr. S. Sastry, counsel for O.P.1 to 5 CORAM: SHRI JUSTICE B. P. ROUTRAY ORDER 4.12.2025 Order No. 02. 1. Heard Mr. G. Mukharjee, learned senior counsel along with Mr. A. Dash, learned counsel for the Petitioner and Mr. S.P. Mishra, learned senior counsel along with Mr. S. Sastry, learned counsel for opposite parties 1 to 5. 2. Present CMP is directed against impugned order dated 16th August, 2025 passed by learned Civil Judge (Senior Division), Bhubaneswar in C.S. No.1193 of 2025, wherein leave to file the suit under Section 92 of the Civil Procedure Code, 1908 has been granted in favour of the plaintiff to proceed against the defendants. 3. The impugned order is challenged mainly on the ground that the Civil Judge (Senior Division) being not the principal court in terms of the mandate required under Section 92 of the C.P.C., it cannot entertain a suit for said purpose under Section 92 of the C.P.C. 4. In course of hearing it is agreed by Mr. Mukharjee as well as Mr. Mishra, learned senior counsels appearing for both parties, that, Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 04-Dec-2025 19:15:32 Signature Not Verified p. 2 the suit being purported under Section 92 of the C.P.C. ought to have been filed before the principal civil court of the district, i.e. the District Judge, Khurda at Bhubaneswar. It is also submitted that present suit before the learned Civil Judge (Sr. Division) may be returned in terms of Rule 10 read with Rule 10-A of Order 7 of the C.P.C. 5. In view of the agreed submission advanced at the bar, and considering the mandate under section 92 of the CPC, the impugned order dated 16th August, 2025 granting leave in favour of the plaintiff under Section 92 of C.P.C. is set aside and as per submission made at the Bar the parties are at liberty to proceed for return of the plaint to be presented before the appropriate court. 6. Learned trial court is directed to proceed under Order 7 Rule 10 read with Rule 10-A, of the C.P.C., within a period of 10 days from the date of receipt of certified copy of this order, fixing a date for appearance of the parties before the appropriate court,. 7. It is left open for the plaintiff to proceed in accordance with law in terms of Section 92 before the appropriate court. 8. The CMP is accordingly disposed of. 9. An urgent certified copy of this order shall be issued on proper application. ( B.P. Routray) Judge M.K.Panda