PRABIN KUMAR BARIK Vs. TRILOCHAN SAHOO

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 20/5/2023 passed by learned Civil Judge (Junior Division), Talcher in C.S. No.67 of 2013 is under challenge in this CMP, whereby an application under Order XIII Rule 10 CPC to call for the original records of C.S. No.56 of 2020 from the Court of learned Senior Civil Judge, Talcher, has been rejected.

(3.) It is submitted by Mr. Panigrahi, learned counsel for the Petitioner that the Defendant as Plaintiff had filed C.S. No.56 of 2022 in the Court of learned Senior Civil Judge, Talcher. It was filed by the Defendant for declaration of right, title, interest and recovery of possession. The present suit, i.e., C.S. No.67 of 2013 has been filed for declaration of right, title, interest over the suit land through adverse possession and in the alternative for easementary right over the suit land. It is submitted that C.S. No.56 of 2020 was withdrawn without any liberty. During cross-examination, D.W.4 at Paragraph-24 denied to have filed C.S. No.56 of 2020. He also denied to have withdrawn the said suit. Thereafter, the Plaintiff obtained the certified copy of the case record in C.S. No.56 of 2020 and the same has already been marked as exhibit without any objection. Before filing of the certified copy of the plaint in C.S. No.56 of 2020, an application of similar nature to call for the case record in C.S. No.56 of 2020 was filed, which was rejected.