KHALIFA PRADHAN Vs. LATIA ORAON

JUDGEMENT

(1.) Aggrieved by order dated 08.01.2008 in Title Suit No.98 of 2000, the present writ petition has been filed.

(2.) Title Suit No.98 of 2000 was filed for plaintiff's right, title and interest over the suit land and for confirmation of possession over the suit property. The defendants appeared and filed written statement resisting the claim of the plaintiff. After the parties led their evidence, the case was fixed for hearing and at that stage application under Order XVIII Rule 17 CPC was filed for recall of P.W.4 for marking the documents as Exhibits. The said application has been dismissed vide order dated 08.01.2008.

(3.) The learned counsel for the petitioner submits that the documents mentioned in application under Order XVIII Rule 17 r/w Section 151 CPC were filed in the proceeding of Title Suit No.98 of 2000 however, those documents could not be tendered in evidence and therefore, an application was filed on 03.12.2007, which has erroneously been rejected.