SASHI BHUSAN RATH Vs. UCO BANK

JUDGEMENT

(1.) The present writ application has been filed by the Petitioner-Sashi Bhusan Rath seeking to challenge an order dated 14.11.1996 passed by the learned Additional District Judge, Khurda in Civil Revision No. 15 of 1996 affirming the order dated 27.4.1996 passed by the learned Civil Judge (Sr. Division), Khurda in T.M.S. No. 10 of 1992, whereby, the learned Civil Judge has rejected the petition filed by the Defendant-Petitioner with a prayer to permit him to file some documents as per the list appended to the written statement.

(2.) On perusal of the records, it appears that the Opposite Party-bank has filed a suit for realization of Rs. 89,956/- from the Defendant in the Court of learned Civil Judge (Sr. Division), Khurda and the same was registered as T.M.S. No. 10 of 1992. Pursuant to the summons issued by the learned trial Court, the Defendant No. 1 (Petitioner herein) entered appearance and filed written statement denying the assertion made in the plaint and in the written statement, he indicated that the Defendant sought to rely upon as many as 48 documents listed therein but did not file copies of the said documents at the time of filing of the written statement.

(3.) It appears that after the hearing of the suit commenced and four witnesses had been examined on behalf of the Plaintiff, at that stage, on 24.4.1996, the Defendant-Petitioner filed an application in the Court praying, inter alia, for permission to file documents as per the list appended to the written statement. This application of the Defendant-Petitioner came to be rejected by the trial Court vide order dated 27.4.1996 and the said order, though challenged before the Additional Dist. Judge, Khurda in Civil Revision No. 15 of 1996, the same came to be affirmed by order dated 14.11.1996 and consequently, dismissed the revision filed by the Defendant-Petitioner.