Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.497 of 2026 Syed Naseem Ahmed ..... Petitioner Represented by Adv. - Byomokesh Sahoo -versus- 1) syed mohammed suleman ..... Opposite Parties 2) sayed md. dawood 3) sayed mohammed dawud 4) aaisha bibi 5) saedun nisa 6) ramatun nisha 7) rehana begum baksh 8) shahida begum 9) fatima bee 10) sayed noor ali 11) rajani kanta das 12) syed rasid ahmed Represented by Adv. - CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 30.03.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner. Perused the impugned order dated 10.12.2025 passed in CMA No.31 of 2006 which arises out of T.S. No.13 of 2002. 3. On perusal of the impugned order at Annexure-4 it appears that the Petitioner being aggrieved by the rejection of his application under Order 9 Rule 13 to set aside the ex-parte decree passed in Title Suit No.13 of 2002 dated 01.02.2006 has approached this Court by filing the present CMP application under Page 2 of 2. Article 227 of the Constitution of India. 4. On perusal of the provision contained in Order 43 Rule 1 of the CPC an order rejecting an application under Order 9 Rule 13 is an appealable order under Order 43 Rule 1(d). In such view of the matter, the present CMP application is disposed of by granting liberty to the Petitioner to approach the Appellate Authority along with an application for condonation of delay. In such eventuality, learned appropriate Court shall consider such application strictly in accordance with law. 5. With the aforesaid observation and direction, the CMP application stands disposed of. ( A.K. Mohapatra ) Judge Sisir Designation: PERSONAL ASSISTANT