DEBRAJ ROUTRAY Vs. KANHU CHARAN SRICHANDAN

JUDGEMENT

(1.) This writ petition has been filed by the defendants for quashing of the impugned order dated 4.8.2005 and 24.1.2006 passed by the learned Civil Judge (Junior Division), Khurda in C.S. No. 79 of 2003 whereby the learned Court has rejected the petition filed by the defendants to recall P.W. 1 for cross -examination and closed the evidence from the side of the defendants.

(2.) HEARD Mr. Sahoo, learned Counsel for the petitioners and Mr. D.K. Das, learned Counsel appearing on behalf of the sole opposite party.

(3.) AS it appears the defendants did not challenge this order immediately after the same was passed, i.e. even within 90 days from the date of passing of the order. It is well settled that where period of limitation is not provided for challenging an order in a civil proceeding, it is to be treated as 90 days, which is the period of limitation for filing an appeal. The order dated 4.8.2005 was passed in a civil proceeding. Even though this writ petition has been filed challenging the order dated 4.8.2005 passed in C.S. No. 79 of 2003, the same ought to have been filed within a reasonable period of 90 days, which is the period of limitation for filing appeal or revision against an order passed in the civil proceeding. The petitioners while challenging the subsequent order dated 24.1.2006 rejecting their self same prayer to recall P.W.1 for cross -examination, have also challenged the earlier order dated 4.8.2005 in this writ petition. In that view of the matter, I am not inclined to entertain the prayer for quashing order dated 4.8.2005, and the same is accordingly rejected.