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Judgment
M.S.Sahoo, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioners.
The petition has been filed by the petitioners challenging the order dated 09.05.2022 passed in C.S. No.278 of 2010 by the learned 1st Additional Senior Civil Judge, Berhampur rejecting the petition dated 21.04.2022 filed under Order-VI Rule-17 of the Civil Procedure Code with the following order :-
“………. Now at this stage if the amendments are allowed, it would create a new story and may procrastinate the trial, In the result, I do not find any justification to allow the petition and accordingly, the petition devoid of any merit stands rejected, Put up later for order on the petition dated 21.04.2022.”
It is submitted by the learned counsel for the petitioners that though it has been observed by the learned court below that there was delay of 10 years in filing the amendment but the said delay cannot be attributed to the present petitioner in view of the fact that suit was decided ex-parte in 2018 and again restored after the ex-parte decree was set aside at the instance of the opposite party no.1.
Issue notice to opposite parties by Registered Post with A.D., requisites for which shall be filed within seven working days. Postal tracking report be placed on record.
List this case after service return from opposite parties.
I.A. No. 565 of 2022
Issue notice as above.
Accept one set of process fee.
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