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Judgment
Biswajit Mohanty, J
Heard Mr.S.Mishra, learned counsel for the petitioner.
In connection with the impugned order, Mr.Mishra mainly submits that while passing the impugned order the learned Court below has unnecessarily referred and relied upon the written statements filed by the defendants which he ought not to have done while considering an application under Order 7 Rule 11 of the C.P.C. filed by the petitioner-Bank. He further submits that though the petitioner has taken a plea therein that the civil suit was/is barred by limitation, however while passing the impugned order there is no discussion on the same. Lastly he submits that till date the evidence of defendant No.3 has not yet been closed.
Considering such submissions, this Court is of the opinion that the matter requires consideration by this Court.
Let notice be issued to opposite parties through registered post with A.D., requisites for which shall be filed by 17th August, 2022.
List this matter on 28th September, 2022.
I.A. No. 17 of 2022
As an interim measure it is directed that further proceeding in C.S. No. 91 of 2020 pending before the learned Senior Civil Judge, Rourkela shall remain stayed till the next date.
Urgent certified copy of the order be granted on proper application.
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