ANUSUYA SAHOO Vs. SABITRI SAHOO

JUDGEMENT

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

(2.) Order dtd. 25/9/2023 (Annexure-3) passed by learned Civil Judge (Senior Division) 1st Court, Cuttack in CS (I) No.253 of 2008 is under challenge in this CMP, whereby an application filed by the Plaintiffs/Opposite Parties for recall of order dtd. 4/9/2023 by which their evidence was closed has been allowed.

(3.) It is submitted by learned counsel for the Petitioners that after providing sufficient opportunities to the Plaintiffs to adduce evidence, vide order dtd. 4/9/2023, closed evidence from the side of the Plaintiffs and in the meantime, Defendants have adduced evidence in the suit. At this juncture on 12/9/2023, a petition was filed to recall order dtd. 4/9/2023 and learned trial Court directed the Plaintiffs to adduce evidence in the suit. The suit is of the year 2008 and the present Defendants/Petitioners are in possession of the suit property. Due to non-cooperation of the Plaintiffs and lingering of the suit they are seriously prejudiced. Order dtd. 4/9/2023 disclosed that relying upon the case law in the case of M/s PLR Projects Private Limited Vs. Mahanadi Coalfields Limited, reported in (2019) 10 SCC 306, learned trial Court closed the evidence of the Plaintiffs. Learned trial Court also relied upon the case law in the case of Tirgun Vs. Shiv Cotex Private Limited, reported in (2011) 9 SCC 678 while closing the evidence of the Plaintiff vide order dtd. 4/9/2023. The petition to recall order dtd. 4/9/2023 is essentially an application under Sec. 151 CPC, which should have been registered as Misc. Case in view of Rule 431 Clause 19 of GRCO (Civil). While recalling the order dtd. 4/9/2023 vide impugned order dtd. 25/9/2023, learned trial Court failed to take into consideration the grounds on which the evidence of the Plaintiffs was closed. Only by taking lenient view and confining examination of one Sanjay Kumar Sahoo as a witness on behalf of the Plaintiffs learned trial Court allowed such application subject to payment of cost of Rs.1,000.00. Hence, this CMP has been filed.