JAYANTA KUMAR LENKA Vs. DURGA MAJHI

JUDGEMENT

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

(2.) Order dtd. 22/3/2024 (Annexure-6) passed by learned Senior Civil Judge, Balasore in I.A. No.414/501 of 2023 (arising out of C.S. No.1214 of 2023) is under challenge in this CMP, whereby an application filed by the Defendant No.1-Petitioner for examination of the Plaintiff-Opposite Party No.1 in the I.A. filed under Order XXXIX Rules 1 and 2 C.P.C. has been rejected.

(3.) Mr. Mishra, learned counsel for the Petitioner submits that the Plaintiff-Opposite Party No.1 describing himself as the son of Dukhia Majhi has filed the suit for declaration of sale deeds executed in favour of Defendants by the Defendant No.1-Petitioner to be illegal and void along with other consequential relief. The Plaintiff-Opposite Party No.1 has also filed I.A. No. 414/501 of 2023 under Order XXXIX Rules 1 and 2 C.P.C. In the said petition, the Defendant No.1-Petitioner filed an objection challenging the locus standi of Plaintiff-Opposite Party No.1 to file the suit as well as I.A. It is specifically stated in the objection that the Plaintiff-Opposite Party No.1, namely, Durga Majhi, is the son of late Sukul Majhi and not late Dukhia Majhi.