SARAT CHANDRA MOHAPATRA Vs. NARASINGHA MOHAPATRA & ANOTHER

JUDGEMENT

(1.) This petition challenges the order dated 16.4.2016 passed by the learned Civil Judge (Senior Division), Puri in C.S. No.495 of 2012. By the said order, learned trial court rejected the applications of the plaintiff to examine him and to prove the documents after closure of evidence.

(2.) Since the petition is to be disposed of on a short point, the facts need not be stated in detail. Suffice it to say that Kunimani Mohapatra, mother of the plaintiff, instituted C.S. No.495 of 2012 in the court of the learned Civil Judge (Senior Division), Puri for declaration of right, title and interest, cancellation of sale deed and permanent injunction impleading opposite parties as defendants. During pendency of the suit, she died, whereafter, the petitioner was substituted. After closure of evidence from both the sides, on 2.2.2015 the plaintiff filed two applications seeking leave of the court to file documents and to mark the same as exhibits. The defendants filed objections to the same. By order dated 12.02.2015, learned trial court rejected the applications. Thereafter, he filed CMP No.227 of 2015 before this Court. The same was listed on 7.12.2015 before a Bench of this Court. In course of hearing, learned counsel for the petitioner sought liberty of the Court to raise the said point at the appellate stage and to withdraw the petition. Accordingly, the petition was withdrawn. While the matter stood thus, on 21.3.2016 the plaintiff filed two applications along with certain documents seeking leave of the Court to accept the same and lead evidence to prove those documents. The defendants filed objection to the same. Learned trial court assigned the following reasons and rejected the petition.

(3.) Heard Mr.Ashok Parija, learned Senior Advocate along with Mr.V. Mohapatra, learned counsel for the petitioner and Mr.Ashok Mohanty, learned Senior Advocate along with Miss. L. Pradhan, learned counsel for the opposite parties.