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Judgment
K.R. Mohapatra, J
This matter is taken up through hybrid mode.
Order dated 8th January, 2024 (Annexure-5) passed in C.S. No.91 of 2018 is under challenge in this CMP, whereby learned 1st Addl. Senior Civil Judge, Berhampur rejected an application filed by the Plaintiffs-Petitioners under Order VI Rule 17 C.P.C.
Mr. Samantray, learned counsel for the Petitioners submits that although learned trial Court took note of the amendment sought for, but it did not discuss the case of the Plaintiffs-Petitioners vis-à-vis the objection raised. Only recording the observation made in certain case laws, the application for amendment filed by the Plaintiffs-Petitioners was rejected. He also drew attention of this Court to the impugned order.
On perusal of the impugned order, it appears that learned trial Court although discussed the case law cited by learned counsel for Defendant No.1, but it did not discuss the applicability of the case law and the merit of the petition filed under Order VI Rule 17 C.P.C.
In view of the above, this Court feels that the matter requires fresh consideration.
Accordingly, the impugned order under Annexure-5 is set aside and the matter is remitted to learned trial Court for fresh adjudication of the petition under Order Vl Rule 17 C.P.C. by passing a reasoned order taking into consideration the case of the parties and providing them opportunity of hearing.
It is made clear that this Court has not expressed any opinion on the merits of the case of the Petitioner. The matter is remitted to consider the merit of the petition filed under Order VI Rule 17 C.P.C..
Since the CMP is disposed of without issuing notice to the Defendant Nos.1 and 2, who had filed objection to the petition under Order VI Rule 17 C.P.C., they are at liberty to seek for variation of this order, if they feel aggrieved.
Urgent certified copy of this order be granted on proper application.
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