BHIMSEN OJHA Vs. SAMUEL DEVASHISH JAMES

JUDGEMENT

(1.) The Petitioners, who are the plaintiffs in C.S. No.793/2017 pending in the Court of learned Civil Judge (Sr. Division), 4th Additional Court, Cuttack have filed the present application under Article 227 of the Constitution of India seeking to challenge the orders dtd.6/12/2023 and 24/1/2024 passed in the said case.

(2.) Briefly stated, the plaintiffs have filed the above suit for recovery of possession of the suit property from the defendants. After commencement of hearing, three witnesses were examined by them being P.Ws.1,2 and 3. While P.Ws.1 and 3 were cross-examined by the defendants, P.W.2 was cross-examined only by Defendant No.2 with cross-examination by Defendant No.1 being declined. P.W.2 was thus discharged. The plaintiffs closed evidence from their side whereupon Defendant No.1 filed an application on 5/8/2023 seeking recall of order dtd. 21/7/2023 by allowing him to cross-examine P.W.2. Said application was however withdrawn. Again on 12/9/2023, Defendant No.1 filed similar application. The plaintiffs filed their objection questioning the maintainability of the application. By order dtd. 6/12/2023, the trial Court allowed the application subject to payment of cost of Rs.200.00 with direction to the plaintiffs to produce P.W.2 for cross-examination by Defendant No.1. Said order is impugned in the present application. Further, the plaintiffs filed an application on 5/1/2024 to recall the order dtd.6/12/2023, but the same also came to be rejected. Said order is also impugned.

(3.) Heard Mr. S. Dash (A), learned counsel for the plaintiff-petitioners. Despite valid service of notice, there was no appearance from the side of the defendants. As such, this Court requested Mr. A.R.Dash, learned counsel to assist the Court as Amicus Curiae to which he consented and made submissions.