LAWS(ORI)-2007-7-10

RASHMIREKHA BEHERA Vs. PRESIDING OFFICER

Decided On July 12, 2007
Rashmirekha Behera Appellant
V/S
PRESIDING OFFICER Respondents

JUDGEMENT

(1.) This writ petition has been filed by the wife of one Sukanta Kumar Behera, who sustained injuries in a motor vehicle accident on 09.09.2001, representing her injured and insane husband, challenging the order dated 05.03.2007 passed in Misc. Case No. 35 of 2002 pending in the file of the learned 3rd M.A.C.T. -cum -Additional District Judge, Angul, in rejecting the petition filed by the petitioner for time to adduce further evidence, by examining the Doctor, who was treating her husband and also to examine the employer of her husband. In this writ petition she has prayed for appropriate orders to provide adequate opportunity to adduce relevant evidence by recalling order dated 05.03,2005 of the Tribunal.

(2.) HEARD Mr. Biswajit Mohanty, learned Counsel for the petitioner and Mr. G. P. Dutta, learned Counsel for the opposite parties. - -

(3.) CONSIDERING the submissions made by the learned Counsel for both the parties and after perusal of the records, learned Tribunal rejected the prayer of the petitioner with the observation that the action of the petitioner makes it transparent that she is trying to drag the proceeding deliberately and finally he posted the case to 07.03.2007 for evidence of opposite party No. 2.