GOMATI BAI Vs. NANDAKISHORE JHUNJHUNWALA

JUDGEMENT

(1.) HEARD further argument.

(2.) IN this application under Section 115, C.P.C. petitioner challenges legality and propriety of the order dated 22.6.2002 passed in Title Suit No.443 of 1995 by the First Addl. Civil Judge (Sr. Division), Cuttack. Petitioner is the plaintiff in that suit and the Opposite party members appear as the defendants.

(3.) LEARNED counsel for the petitioner, Mr. Pattnaik argues that in view of the ratio in the case of Arjun Singh v. Mohindra Kumar and others, AIR 1964 SC 993, the trial Court was precluded from exercising the inherent power under Section 151, C.P.C. to pass order to recall the witness on the face of statutory bar and therefore, the impugned order is liable to be set aside.