Sachi Behera vs Moningi Sarita Rani & Ors. ..... ...
2026 Latest Caselaw 3057 Ori

Orissa High Court

Sachi Behera vs Moningi Sarita Rani & Ors. ..... ... on 31 March, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CMP No.520 of 2026
            Sachi Behera                .....        Petitioner
                                                            Represented by Adv. -
                                                            Prabhasi Nayak

                                       -versus-
            Moningi Sarita Rani & Ors.         .....             Opposite Parties
                                                            Represented by Adv. -

                                  CORAM:
                    THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                MOHAPATRA

                                              ORDER

Order No.                                    31.03.2026
    01.        1.    This matter is taken up through Hybrid Arrangement (Virtual
               /Physical Mode).

2. Heard learned counsel for the Petitioner. Perused the CMP application as well as the prayer made therein.

3. By filing the present CMP application, the plaintiff in C.S. No.352 of 2024 pending in the Court of learned Senior Civil Judge, Berhampur, has approached this Court challenging order dated 18.02.2026 passed in the abovenoted suit. Vide order dated 18.02.2026, the learned trial court has rejected plaintiff-Petitioner's application under Order 1 Rule 10 CPC to add parties as defendants.

4. Learned counsel for the Petitioner, at the outset, contended that those parties were necessary for the effective adjudication of the suit and that, in their absence, the dispute cannot be properly resolved.

5. Considering the submissions made by the learned counsel for the Petitioner, on a careful examination of the impugned order as

well as the pleadings in the CMP application, this Court is inclined to hear the matter for further consideration.

6. Accordingly, issue notice to the Opposite Parties by Speed Post with A.D. by fixing a short returnable date. Requisites be filed within three working days.

7. List this matter in the week commencing 22nd June, 2026.

8. Heard.

9. Notice as above.

10. Accept one set of process fee.

11. As an interim measure, it is directed that on an application being filed by the Petitioner seeking adjournment, the learned trial court shall do well to adjourn the matter for a period of eight weeks.

(A.K. Mohapatra) Judge Rubi