STATE GOVERNMENT OF ORISSA Vs. MAHESWAR MAHAPATRA

JUDGEMENT

(1.) BEING aggrieved by the Judgment & decree passed by the Learned Sub -Judge, Nayagarh in O.S. No. 67 of 1984 (as it was then), the State being the unsuccessful Defendant has preferred the appeal. For the sake of convenience, parties hereinafter have been referred to as they have been arranged in the Trial Court.

(2.) PLAINTIFFS case -

(3.) LEARNED Counsel for the Appellant submits that the Defendant has not got due opportunity to contest the case by examining witnesses & proving required documents in support of its case. Therefore, he urges that the petition filed on their behalf under Order 41 Rule 27 C.P.C. numbered as Misc. Case No. 274/1994 need be allowed. Learned Counsel for the Respondent objects the move on the ground that the petition is bereft of necessary details, which are required to be considered for the purpose by this Court. It is also his submission that with such evasive pleading in the petition, the prayer at this stage merits no consideration, when the Defendant had all the opportunity but failed to do so. The objection is also for this belated move & as highly prejudicial to the Plaintiff.