ANIL KUMAR DAS Vs. ORISSA CEMENT LTD.

JUDGEMENT

(1.) BOTH the civil revisions have been heard together and will be disposed of by this common judgment as they involve common questions of la wand facts.

(2.) CIVIL Revision No. 492 of 1977 arises out of Money Suit No. 9 of 1972 filed by the opposite party for recovery of a sum of Rs. 95,203 83 as damages against the Petitioner. Civil Revision No. 493 of 1977 arises out of Title Suit No. 25 of 1972 filed by the Petitioner against the opposite party claiming a declaration that the order dismissing him from service is null and void or in the alternative for recovery of a sum of Rs. 33,000/ - as damages for wrongful dismissal. Both the suits were ordered to be heard analogously.

(3.) THE learned Subordinate Judge came to the findings that evidence of both the witnesses is necessary in the interests of justice and that under the provisions of Order 16, Rule 19. Code of Civil Procedure they could not be ordered to attend in person to give evidence as they reside outside the local limits of the Court'S ordinary original jurisdiction.