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Judgment
K.R. Mohapatra, J
This matter is taken up through hybrid mode.
Order dated 24th March, 2023 (Annexure-7) passed by learned Civil Judge (Senior Division), Jaleswar in CS No.618 of 2019 is under challenge in this CMP, whereby an application filed by the Petitioners for stay of further proceeding of the aforesaid suit under Section 10 CPC has been rejected.
In course of hearing, Mr. Basu, learned counsel for the Petitioner submits that the application under Section 10 CPC has not been couched properly and the prayer made therein was also not specific. He, therefore, prays for withdrawal of the CMP to file a fresh application under Section 10 CPC with better particulars. He also submits that a direction may be made to consider the said application on its own merit without being influenced by the observation made in the impugned order.
Considering the submission made by learned counsel for the Petitioner, this Court, without expressing any opinion on the submission made by learned counsel for the Petitioners, disposes of the CMP as withdrawn. In case an application under Section 10 CPC is filed with better particulars, the same shall be considered on its own merit.
Issue urgent certified copy of the order on proper application.
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