BASANTA KUMAR PRADHAN Vs. GATI KRUSHNA ROUT

JUDGEMENT

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

(2.) Petitioner in this writ petition seeks to assail the order dtd. 6/9/2012 (Annexure-5) passed by learned Civil Judge, (Senior Division), Dhenkanal in CS No.11 of 2007, whereby an application filed under Sec. 138 of the Indian Evidence Act, 1872 (for brevity 'the Act') for re-examination of the D.W.2, namely, Kirti Chandra Rout has, been allowed.

(3.) Mr. Das, learned counsel for the Plaintiff-Petitioner submits that the suit has been filed claiming title through adverse possession over the suit property and for other consequential relief. During cross-examination of D.W.2 by Defendants Nos.10 to 14, he deposed as under: