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1973 Supreme(Ori) 48

S.K.RAY
CHAIRMAN NOTIFIED AREA COUNCIL – Appellant
Versus
KUDINI LINGARAJU PATRA – Respondent


Advocates Appeared:
A.K.TRIPATHY, C.V.MURTHY, G.RATH, R.K.Patra

S. K. RAY, J.

( 1 ) THIS application is by the plaintiffs and is directed against the order dated 27-41972 of the Munsif. Bhanjanagar passed in T. S ). No. 20 of 1969 refusing their prayer for recalling the witnesses examined in chief on behalf of the defendant for the purpose of cross-examination.

( 2 ) THE facts leading upto the impugned order under revision may now be briefly stated. The petitioners filed T. S. No. 20/69 against the opposite party for eviction. After closure of the evidence from their side, the suit was posted to 10-4-1972 for examination of the defence witnesses. That was a morning Court day. The defendant began leading evidence from his side during the first hour of that day. He examined 3 PL Ws. and exhibited 4 documents and closed his evidence. Those D. Ws. were examined in chief but could not be cross-examined as the plaintiff's lawyer was not present at that time. As soon as the defence evidence closed, the plaintiff No. 1 filed a petition at 8. 30 A. M. for time which was rejected. Immediately thereafter the plaintiffs lawyer appeared in Court and moved a petition under Section 151, C. P. C. explaining his personal difficulty which prevented him from at




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