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1991 Supreme(Ori) 138

K.C.JAGADEB ROY
SRI BAURIBANDHU MOHANTY – Appellant
Versus
SRI SURESH CHANDRA MOHANTY – Respondent


Advocates Appeared:
DIPALI MOHAPATRA, J.GUPTA, P.C.KAPUR, P.K.MISHRA

K. C. JAGADEB ROY, J.

( 1 ) IN these two Civil Revisions, the petitioners challenged the orders of the Munsif, Jagatsinghpur dated 19-8-89 and dated 9-8-89 respectively rejecting the applications of the plaintiffs to recall P. W. 7 and D. W. 5 for further examination in relation to some admission, made in the compromise petition filed on 5-3-82 but was not acted upon. The Court has rejected the application stating that such applications could not be allowed in view of Section 23 of the Evidence Act (for short 'the Act' ).

( 2 ) ). The short facts leading to the present Civil Revisions are as follows : the present petitioners along with Opposite Party No. 3 had filed the suit bearing No. 64 of 1981 before the learned Munsif, Jagatsinghpur against the present Opposite Parties 1 and 2 with a prayer to declare that they had acquired their right of easement in respect of the Schedule-C land of the plaint schedule and to restrain the Opposite Parties by way of injunction not to interfere with their peaceful enjoyment of the said pathway. 2a. While the suit was in progress, with the intervention of gentlemen of the locality, a joint compromise petition was filed by both the parties on 5-









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