MAMATA SAMANTARAY Vs. SARASWATI PATRA

JUDGEMENT

(1.) This matter is taken up by virtual/physical mode.

(2.) Order dtd. 20/12/2022 (Annexure-4) passed in FAO No.162 of 2022 is under challenge in this CMP, whereby learned District Judge, Khurda at Bhubaneswar dismissing the appeal, confirmed order dtd. 12/10/2022 (Annexure-2) passed by 1st Additional Senior Civil Judge, Bhubaneswar in CMA No.69 of 2021 (arising out of CS No.310 of 2017) rejecting an application filed by the Petitioner under Order IX Rule 13 CPC.

(3.) Facts of the case are not much disputed. CS No.310 of 2017 was filed by the Plaintiff-Opposite Party for eviction, recovery of outstanding monthly rent along with arrear electricity and water charges as well as for recovery of damages from the Defendant-Petitioner. On 6/4/2018, Plaintiff filed her evidence in affidavit serving copy thereof on the Defendant. On 11/4/2018, the Plaintiff was examined as PW-1 and exhibited documents as Ext.1 to Ext.15. She was also partially cross-examined by the Defendant. On 8/5/2018, evidence from the side of the Plaintiff was closed and the suit was posted to 10/5/2018 for adducing evidence on behalf of the Defendant. After taking several adjournments, the Defendant filed an application on 25/1/2020 to recall PW-1 for further cross-examination, which was allowed. On recall, the PW-1 was cross-examined on 15/2/2020 and was discharged.