SRI ABODH KUMAR PATJOSHI SON OF LATE BALARAM PATJOSHI Vs. STATE OF ORISSA THROUGH THE COLLECTOR AND ANR.

JUDGEMENT

(1.) HEARD . The petitioner assails the order passed by the learned Subordinate judge, Bhawanipatna refusing his prayer to cross -examine the two witnesses who were examined on behalf of the opp. parties. The application was rejected on the ground that the requisite court -fees were not fixed. This I consider to be a very technical stand, even though in law the learned Subordinate judge was justified yet keeping in view that the procedure is intended to serve justice and not to penalise the bona fide mistakes I feel that the petitioner should be permitted to cross -examine the witnesses in question. The permission is granted subject to the condition that the petitioner shall pay the requisite court fees before the matter is taken up. The learned Subordinate Judge would do well to take up the matter as expeditiously as feasible keeping in view the fact that the application for restoration involve in this case is of the year 1996 in relation to a suit which is of the year 1983.