W.P.(C) No.18926 of 2009 Misc. Case No.11195 of 2010 21.04.2016 This is an application for recalling the order dated 15.3.2010 passed by this Court in W.P.(C) No.18926 of 2009. Heard learned counsel for the petitioner and Mr. Pattanaik, learned Senior Adv ocate for the opposite party no.2. Assailing the order dated 16.11.2009 passed by the learned Civil Judge (Jr. Di vn.), Bhubaneswar in T.S. No.191 of 2001, the petition was filed. The same was disposed of on 15.3.2010 at the stage of admission. The operative part of the said order is quoted hereunder. In view of such submission, without issuing notice to the opp. parties, the impugned order dat ed 16.11.2009 passed by the learned Civil Judge (Junior Division), Bhubaneswar is set aside. T he petitioner along with the opp. parties shall be given a chance for hearing of the petition under Order-6, Rule-17 of C.P.C. whereafter, the court below shall pass necessary orders. If t he opp. parties are dissatisfied with the above order, they are at liberty to re-open the issu e. Mr. Pattanaik, learned Senior Advocate for the opposite party no.2 submits tha t in view of the liberty granted to the opposite parties, the application for recalling the or der dated 15.3.2010 has been filed. He further submits that the petition was disposed of on th e ground that the counsel for the petitioner was ill on the date of hearing of the application for amendment. But then the hazira was filed by the counsel for the petitioner in the court b elow and there is no averment in the petition that the counsel for the petitioner was ill. Thu s, the said order may be recalled. No prejudice will be caused to the petitioner if the application for amendment is heard afresh. In view of the same, this Court is not inclined to recall the order dated 15.3 .2010 passed in W.P.(C) No.18926 of 2009. Accordingly, the misc. case is dismissed. Learned trial court is directed to take up the application for amendment afres h and disposed of the same within a period of one month from the date of production of a certi fied copy of this order. It is made clear that in the event the petitioner will not cooperate, then the learned trial court shall pass order in accordance with law. ....... Dr.A.K.Rath, J. 3