LALATENDU KESHARI PRADHAN Vs. ASHOK KUMAR MISHRA

JUDGEMENT

(1.) Heard Mr. M. Sinha, learned Advocate for the Petitioner. No-one appears for Opposite Party No.1 despite notice is made sufficient against him.

(2.) Present C.M.P. is directed against the order dtd. 16/7/2025 of learned Civil Judge (Sr. Divn.), Khurda passed in C.S. No.86 of 2005, wherein the prayer of the Petitioner to recall order dtd. 1/7/2025 has been refused.

(3.) Present Petitioner is Defendant No.1(a) and he earlier filed a petition for sending the signature of original Defendant No.1 (now deceased) for expert examination. The same having been refused by the learned trial court, Petitioner filed W.P.(C) No.17252 of 2010 and this Court vide order dtd. 6/1/2023 disposed of the said writ petition directing learned trial court to allow the application of the Petitioner dtd. 2/8/2009 for sending freshly available signature of Defendant No.1 for expert opinion. Thereafter the Petitioner filed another petition dtd. 20/3/2025 which was disposed of as not pressed in absence of Defendant No.1(a) (present Petitioner). He then filed another petition to recall said order dtd. 1/7/2025. Learned trial court upon hearing both the parties and taking note of the order of this Court dtd. 6/1/2023 passed in W.P.(C) No.17252 of 2010, rejected the prayer of the Petitioner to send the signature of original Defendant No.1 for expert opinion on the ground that Defendant No.1 died in the meantime.