RAGHUNATH CHAUDHURY Vs. DURUJA BEHERA AND ANR.

JUDGEMENT

(1.) THE Plaintiff in Title Suit No. 185 or 1975 before the Munsif, Aska has filed these two applications under Section 115 , Code of Civil Procedure, challenging the orders or the said court expunging the evidence of Kasinath Behera (D.W. 2). one of the witnesses examined on behalf of the Defendants and rejecting the Petitioner's application to accept the said evidence under Section 33 of the Evidence Act.

(2.) THE Petitioner filed the suit for grant of permanent injunction against the opposite parties prohibiting them from interfering with his possession over the suit property or the walls or foundation standing thereon and to direct the opposite parties to construct the eastern brick wall of the Petitioner on the backyard demolished by them and in case they do not do so, to direct them to pay Rs. 200/ - to the Petitioner for constructing the said wall.

(3.) I would take up the order dated 8 -2 -1982 expunging into the evidence of D.W. 2, which is under challenge in Civil Revision No. 164 of 1982, first.