PRAFULLA KUMAR JENA Vs. PATHANI KUMAR JENA

JUDGEMENT

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

(2.) Petitioner in this CMP seeks to assail the order dtd. 18/3/2024 (Annexure-1) passed by learned Additional Senior Civil Judge, Puri in CS No.525 of 2017, whereby an application filed by the Plaintiffs-Petitioners under Order VIII Rule 1-A CPC to direct the Defendants to deliver the documents relied upon by them in the written statement, has been rejected.

(3.) In course of hearing, Mr. Bose, learned counsel for the Petitioners submits that proper course on the part of the Plaintiffs would have been to file an appropriate application under Order XI CPC. But, unless the impugned order under Annexure-1 is set aside, it may stand on the way to move such an application. He, therefore, prays for withdrawal of this CMP to file appropriate application under Order XI CPC before learned trial Court and submits that the observations made in the impugned order under Annexure-1 should not stand on the way to move such application.