MAHINDRA PRADHAN Vs. PREM SAGAR DHURUA

JUDGEMENT

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

(2.) Order dtd. 19/1/2024 (Annexure-3) passed by learned Senior Civil Judge (LR and LTV), Jharsuguda in CS No.115 of 2013 is under challenge in this CMP, whereby an application filed by the Defendant No.6-Petitioner to call for the case record in CMC No.49 of 2007 filed under Sec. 145 (1) Cr.P.C. from the Court of Sub-Collector-cum-Sub-Divisional Magistrate, Jharsugura, has been rejected.

(3.) Mr. Mohanty, learned counsel for the Petitioner submits that the suit has been filed by the Plaintiff-Opposite Party No.1 for declaration of right, title and interest and other consequential relief. During pendency of the suit, an application under Order XVI Rule 6 CPC was filed by the Defendant No.6-Petitioner to call for the case record in CMC No.49 of 2007 from the Court of Sub-Collector-cum-Sub-Divisional Magistrate, Jharsugura. It is stated in the petition that earlier the Petitioner had applied for certified copy of the entire case record before the Sub-Collector-cum-Sub-Divisional Magistrate, Jharsugura which was rejected on the ground that 'the record is not in my charge list".