BARENDRA BISWAL Vs. RAMA ROY @ DAS

JUDGEMENT

(1.) In this writ application, the Petitioner has challenged the order dated 7.1.2009 passed by the learned Civil Judge (Senior Division), Balasore in CMA No. 209 of 2008 allowing an application filed by present opposite party No. 1 for amendment of her objection to the application filed by the Petitioner to recall/set aside order dated 11.5.2004 and decree dated 15.5.2004 passed in C.S. No. 238 of 2004-I.

(2.) The facts as narrated in the writ application are as follows:

(3.) While the matter stood thus, opposite party No. 2 proposed the Petitioner to hand over all the documents including the original sale deed dated 29.12.2003 along with the written and unwritten signed paper to him so that he would take step to mutate the land in the name of the Petitioner. The Petitioner had no occasion to disagree to the said proposal and he handed over all the documents, sale deed/written and unwritten papers along with Vakalatanama to opposite party No. 2 in presence of opposite party No. 1 keeping a xerox copy of the same with him. He paid Rs. 25,000/- towards the expenses of mutation case. Thereafter, the Petitioner left Balasore in the 1st week of April, 2004. When the Petitioner came to Balasore, he was shocked to notice that the sale deed dated 29.12.2003 in respect of the suit land had already been cancelled by virtue of a decree passed by the learned Civil Judge (Senior Division), Balasore in C.S. No. 238 of 2004. Opposite party No. 1 obtained the decree with the help of opposite party No. 2.