Biswanath Rath, J. - (1.) Heard Sri S.S. Das, learned senior counsel for the petitioner, Sri A.K. Mohapatra, learned counsel for O.Ps. 1 to 5 and Sri S.P. Mishra, learned senior counsel for O.Ps. 6 to 8.
(2.) This Civil Misc. Petition involves the impugned order, vide Annexure-6 passed by the trial court involving C.S. No.322/2016. During course of argument on merit of the case, Sri Das, learned senior counsel for the petitioner referring to the application moved and considered in the impugned order being moved by the power of attorney thus contended that the suit having been filed by the party concerned, there was no scope for filing of any interlocutory application through the power of attorney. Sri Das thus claimed, the impugned order being involved a not maintainable application is not sustainable in the eye of law.
(3.) Sri Mohapatra, learned counsel for O.Ps.1 to 5 objecting the objection raised by Sri Das, learned senior counsel for the petitioner and referring to the contents in the power of attorney submitted that for the authorisation given under the power of attorney, the person filing the Misc. Application was duly authorised and there was no illegality in moving such application in the survival of the power of attorney by the plaintiff in favour of the person filed the Misc. Application. Sri Mohapatra, learned counsel for the O.Ps.1 to 5 justified the filing of the application and further referring to the observations made in the impugned order, while supporting the same requested this Court not to interfere with the impugned order.;