BISHNUPRIYA DEVI Vs. ASHOKA CROKERIES LTD.

JUDGEMENT

(1.) In these writ petitions the petitioner, being defendant no.2 in C.S.Nos.23 and 24 of 2012 of the court of Civil Judge (Sr. Division), Athagarh, assails the order dated 6.4.2013(separately filed in each case) passed by the said court allowing the petition under Order 18, Rule 16 of the Code of Civil Procedure, 1908(hereinafter referred to as the "Code" for brevity) and giving a direction to the petitioner-defendant no.2 to appear in Court personally on the date fixed along with documents supporting her identity and for giving evidence and also for comparison of her face with that of the photograph attached and appearing with respect to the sale deeds claimed to have been executed by her.

(2.) Opposite party no.3 as plaintiff filed a suit bearing C.S. (1) No.24/2012 before the learned Civil Judge (Sr. Division), Athagarh seeking a declaration that the registered sale deed bearing No.11215 dated 02.12.2011 executed by defendant no.1 in favour of the plaintiff for the suit schedule "C" property is illegal and invalid. She also prayed for a direction to defendant no.8- the Land Acquisition Collector to pay the compensation amount for the suit "C" schedule land, which is the part of the acquired land, to the plaintiff or in the alternative direct defendant no.1 to refund the total consideration money along with cost of Stamp paper, registration charge etc. and to restrain defendant no.8 to make any payment of the Land Acquisition Compensation to anybody except the plaintiff. One Gopal Ch. Ray filed a suit bearing C.S.(1) No.23/2012 before the learned Civil Judge (Sr. Division), Athagarh seeking the self-same prayer.

(3.) In that suits defendant nos.5 and 6, the present opposite party nos.1 and 2, filed a petition under Order 18, Rule 16 read with Section 151 of the Code to direct defendant no.2, the present petitioner, to appear before the court below to give her thumb impression and thereafter her photographs appearing in the sale deeds be compared with her personal appearance and her evidence be recorded and also her identity proof on the date of hearing of the application. The present petitioner filed her objection to such prayer made by the opposite party nos.1 and 2.