BADAL MOHANTA & OTHERS Vs. MUNIMANI MOHANTA

JUDGEMENT

(1.) This petition challenges the order dated 20.8.2018, passed by the learned Civil Judge (Senior Division), Udala, in C.S. No.49 of 2015. By the said order, the learned trial Court rejected the application of the defendants to mark the certified copy of the Record of Rights and rent receipts as exhibits.

(2.) The dispute lies in a narrow compass. Suffice it to say that plaintiff no.2-opposite party along with one Chandramani Mohanta instituted a suit for declaration of right, title and interest, confirmation of possession and declaration that the registered sale deed dated 18.4.2013 as null and void. The defendants filed a written statement denying the assertions made in the plaint. After closure of the evidence, the defendants have filed an application to mark the certified copy of the Record of Rights and rent receipts as exhibits along with an application for condonation of delay. It is stated that the documents were not available, for which, the same could not be filed at the time of the trial. After the documents made available, the same were filed. Plaintiffs filed objection to the same.

(3.) Placing reliance on the decision of this Court in the case of Sarat Chandra Mohapatra Vs. Narsingha Mohapatra & another, 2017 2 CurLR 250, learned trial Court held that after conclusion of evidence, the argument was heard from the side of the defendants on 03.04.2018. The matter was adjourned to 05.04.2018 for argument from the side of the plaintiffs. Thereafter, the case had suffered several adjournments. On 10.08.2018, another Advocate was engaged by the defendants. A petition was filed to exhibit certified copy of Record of Rights and rent receipts along with an application for condonation of delay in filing the same. The documents sought to be marked as exhibits have no direct nexus with the issues of the suit. The Record of Rights are not relevant to decide the issue. The defendants were not diligent enough to bring those documents into the case record. Held so, it dismissed the petition.