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Judgment
Dr. S. Muralidhar, CJ
The limited challenge in the present petition is to an order dated 23rd July, 2011 passed by the learned Civil Judge (Senior Division), 2nd Addl., Cuttack in Civil Suit No.353 of 2004 declining extension of time/leave to file written statement to the counter claim of the Defendants under Order VIII Rule 9 of the Code of Civil Procedure (CPC). No reasons have been given by the trial Court to decline the prayer except stating that further time had not been granted on 2nd May, 2011.
Considering that the suit in question has remained stayed for eleven years now, the Court considers it appropriate to direct that subject to the Plaintiff-Petitioner paying the Respondent-Defendants Rs.3,000/- (Rupees Three Thousand) as cost within a period of four weeks from today. The written statement of the Petitioner-Plaintiff to the counter claim of the Defendants shall be taken on record by the trial Court. The impugned order dated 23rd July, 2011 stands set aside accordingly. Now the suit will proceed in accordance with law. Civil Suit No.353 of 2004 will now be listed before the Court of the Civil Judge (Senior Division), 2nd Addl., Cuttack on 17th October, 2022 for directions.
The writ petition is disposed of. An urgent certified copy of this order be issued as per rules..
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