ORDER
P.K. Tripathy, J.
1. Heard.
2. This Writ petition is disposed of at the stage of admission without issuing notice to the defendants/opp. parties because of the fact that no order is passed detrimental to the interest of the said opp. party members, but the matter is remanded for consideration of the application under Order 26 Rule 1 of the Code of Civil Procedure filed by the plaintiff before the Civil Judge (Sr. Division), Bhadrak in Title Suit No. 8 of 1982 afresh and in accordance with law. However if the opposite party members shall feel aggrieved by the following order, then they may approach this Court within thirty days and in that event their grievance shall appropriately be considered.
3. Order passed on 15.7.2003 in the said suit is under challenge. Learned Civil Judge has rejected the application on the ground that her earlier application for examination by Commission was rejected on 15.11.1994. That is the sole ground to reject the application under Order 26, Rule 1, CPC. When plaintiff claims to be aged about 80 years and unable to attend the Court due to old age, sickness and infirmity, learned Civil Judge should have considered whether such grounds are satisfied or not. Since that aspect was not considered by him, therefore it is seen that he has failed to properly exercise the jurisdiction vested in him. Thus this Court finds the impugned order to be vulnerable and accordingly quashes the same and direct the Court below to reconsider the petition under Order 26, Rule 1, CPC in accordance with law and to dispose of the same by a speaking order after affording opportunity of hearing to both parties. Learned Civil Judge shall bear in mind that this Court has expressed no opinion on the merit of the application filed by the petitioner and he is to consider and dispose of the same in accordance with law.
4. The writ petition is accordingly disposed of.