BAIJAYANTI NANDA Vs. JAGANNATH MAHAPRABHU MARFAT ADHIKARI

JUDGEMENT

(1.) The plaintiff, being the petitioner, has filed this petition challenging the order dated 16.8.2007 passed by learned Civil Judge (Junior Division), Puri in T.S.No. 136 of 1992 under Annexure-3 allowing the petition filed by the defendant-opposite party no.4 with regard to exhibiting the plaint of C.S.No.80 of 2006 as a public document under Section 74 of the Evidence Act.

(2.) The short facts of the case, in hand, is that the petitioner being the plaintiff filed a suit bearing T.S. No. 136 of 1992 before the learned Civil Judge (Junior Division), Puri for declaration of her right, title and interest and confirmation of possession over the suit land. The defendants being summoned appeared in the suit. Besides defendant no.4, Mina Samantaray and defendant no.5, Santanu Mohapatra, none filed the written statement in the suit. The written statement filed by the defendant no.5 was not accepted by the Court. However, defendant no.4 contested the suit by filing her written statement. On the basis of the pleadings available, issues were framed and hearing of the suit commenced and witnesses from both the sides were examined and in course of such hearing documents were also exhibited.

(3.) In the suit itself, defendant-opposite party no.4 herein, was examined as D.W.4. Neither in the written statement nor during her examination she has stated anything regarding filing or pendency of C.S. No.80 of 2006 and its relevancy to the present suit. But after closure of evidence of defendant no.4, she examined one Upendra Samantaray as D.W.5 in the suit who disclosed regarding pendency of C.S.No.80 of 2006, in consequence thereof defendant no.4, filed petitions vide Annexure-1 series for admitting the certified copy of the plaint in C.S.No.80 of 2006 as evidence facilitating D.W.4 for marking the same as exhibit, granting permission to file certified copy of the plaint in C.S.No.80 of 2006 and to call for the file of the said suit.