AGANA PARIDA Vs. SARASWATI PARIDA

JUDGEMENT

(1.) This petition seeks to lacinate the order dated 22.12.2016 passed by the learned 2nd Addl. Civil Judge (Sr. Divn.), Balasore in C.S. No.881/2012 vide Annexure-1. By the said order, learned trial court allowed the application of the defendant no.1 under Order 18, Rule 16 C.P.C.

(2.) The petitioner as plaintiff instituted the suit for declaration, partition of the suit schedule property and permanent injunction impleading the opposite parties as defendants. Pursuant to issuance of summons, the defendant no.1 (opposite party no.1 herein) entered appearance and filed written statement denying the assertions made in the plaint. While the matter stood thus, she filed an application under Order 18, Rule 16 C.P.C. seeking leave of the court to adduce evidence. It is stated that she is an old woman of 80 years. She is a paralysis patient and bed ridden. Her grandson is residing at Visakhapatnam. For her better treatment, she intends to leave the jurisdiction of the court and stay at Visakhapatnam. It is further stated that due to her old age, her memory fails. Another petition was filed under Order 26, Rule 1 C.P.C. to examine her by a commission. The plaintiff filed objections in both the petitions.

(3.) Learned trial court came to hold that the defendant no.1 is an old woman and about to leave the jurisdiction of the court for better treatment at Visakhapatnam. Held so, the learned trial court allowed both the petitions.