p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK C.M.P. No.19 of 2026 Rabindra Kumar Pradhan@Rabindra Pradhan …. Petitioner Mr. J. Bhuyan, Advocate -versus- Purna Chandra Gouda and others …. Opposite Parties CORAM: JUSTICE B. P. ROUTRAY ORDER 08.01.2026 Order No. 01. 1. Heard Mr. J. Bhuyan, learned counsel for the Petitioner. 2. Present C.M.P. is directed against order dated 26.11.2025 of the learned Civil Judge (Sr. Divn.), Bhanjanagar passed in C.S. No.92 of 2018, wherein the prayer of the Plaintiff to permit him to file his consolidated plaint has been refused and the order of amendment was recalled. 3. The Plaintiff, who is the Petitioner, filed the suit praying for permanent injunction and other consequential reliefs against the Defendants (present Opposite Parties). The prayer for amendment sought by the Plaintiff was allowed vide order dated 10.04.2025 of learned trial court and the date was fixed to 7.5.2025 for filing of amended plaint. But no amended/consolidated plaint was filed till 9.7.2025 when the trial court was compelled to recall the order of amendment dated 10.04.2025. Thereafter on 18.10.2025, a petition under Section 151, C.P.C. has been filed by the Plaintiff to recall order dated 9.7.2025 and to accept the amended plaint. The same was refused by the learned trial court vide the impugned order dated 26.11.2025. Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Jan-2026 11:00:26 Signature Not Verified p. 2 4. Admittedly, the laches on the part of the Plaintiff is apparent on record and the Plaintiff has no explanation, except that he was working at Bombay for his livelihood, for non-filing of amended plaint in time. 5. Considering such limited nature of grievance where the prayer for amendment was earlier allowed by the learned trial court and the same has been subsequently recalled, the time is extended in terms of provisions contained in Order 6 Rule 18 CPC and the Plaintiff is permitted to file the amended/consolidated plaint within a period of three weeks from today before the learned trial court along with the cost of Rs.10,000/- (rupees ten thousand only) to be paid among the Defendants equally. In the event, the Plaintiff fails to pay the cost within the time stipulated or fails to file the amended/consolidated plaint within such time period, this order shall not be given effect to. 6. Since this order is passed at the stage of admission without hearing the Opposite Parties, the Opposite Parties are at liberty to seek variance of the present order, if necessity arose. 7. With the aforesaid observation and direction, the C.M.P. is disposed of. 8. An urgent certified copy of this order be granted on proper application. ( B.P. Routray) Judge B.K. Barik