BIRENDRA KUMAR Vs. DIST MAGISTRATE CUM COLLECTOR

JUDGEMENT

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

(2.) Assailing an order dtd. 19/12/2023 passed in C.S. No.442 of 2014 by the learned Additional Senior Civil Judge, Baripada, whereby a petition dtd. 2/9/2023 filed by the petitioner-plaintiff to call for case record in T.S. No.103 of 1997 from the Court of learned Civil Judge (Junior Divisioin), Baripada has been rejected, the petitioner has approached this Court by way of an application under Article 227 of the Constitution of India by way of filing this petition.

(3.) Learned counsel for the petitioner submitted that only ground on which the petition calling for certain documents in T.S. No.103 of 1997 has been rejected is that the petitioner-plaintiff has not specified documents, which are to be called for the purpose of the present suit, being C.S. No.442 of 2014. He further submitted that since the documents forming part of T.S. No.103 of 1997 are legible and, being original, are required for the purpose of reference in the present C.S. No.442 of 2014, the learned Additional Senior Civil Judge, Baripada should not have refused.