BINOD KISHORE MOHANTY Vs. HIRAMANI MOHANTY & OTHERS

JUDGEMENT

(1.) This petition challenges the order dated 24.8.2018 passed by the learned Civil Judge (Senior Division), Berhampur in C.S. No.62 of 2005 whereby and whereunder the learned trial court has rejected the application of the plaintiff to mark the documents as exhibits after closure of evidence.

(2.) This is the third journey of the petitioner before this Court. The dispute lies in a very narrow compass. Suffice it to say that the petitioner instituted a suit for partition. The defendants entered contest and filed a written statement denying the assertions made in the plaint. After closure of evidence, the plaintiff filed an application to exhibit the letter dated 14.10.1974 of E.S. Mohanty issued in favour of Binodini Mohanty and the letter dated 30.10.1976 of Binodini Mohanty to D.E. Mohanty. The same having been rejected, the petitioner filed WPC No.773 of 2012 before this Court. Learned Single Judge dismissed the petition on 12.8.2013. Assailing the same, the petitioner filed Writ Appeal No.439 of 2013. The petitioner did not press the writ appeal. Accordingly, the writ appeal was disposed of as not pressed. In the interregnum witnesses were examined on behalf of the defendants. Thereafter, another application seeking self-same relief was filed. Learned trial judge came to hold that earlier petition was rejected. The order was confirmed by this Court. The documents are no way connected to the present suit. Evidence from both the sides has been closed. In the event the documents are marked as exhibits, the same will cause prejudice to the defendants. Held so, he dismissed the application.

(3.) Heard Mr. Sanjeev Udgata, learned counsel for the petitioner and Mr. B.D. Das, learned counsel for the opposite parties.