JUDGMENT

S.C. PARIJA, J.

1. This writ petition has been filed by the elected Ward Member of Ward No.2 of Mouza-Badanga, under Balia Gram Panchayat in the district of Jagatsinghpur, challenging the order dated 12.09.2012, passed by the learned Civil Judge (Jr. Division), Kujanga, in Election Petition No.10 of 2012, allowing the document produced by the opposite party. No.3 at a belated stage to be marked as Exhibit-7, in violation of the provisions of the Code of Civil Procedure ('CPC' for short).

2. The brief facts of the case is that the opposite party No.3 contested the election for the post of Ward, Member of Ward No.2 under Balia Gram Panchayat, in the village of Kujanga and having lost the election to the petitioner. she filed election petition before the learned Civil Judge (Jr. Division), Kujanga, which was registered as Election Petition No.10 of 2012, alleging therein that the petitioner has three children and her youngest child was born on 11.03.2004, after the cut off date and therefore she is disqualified for being nominated or elected as Ward Member under Section 25(1)(v) of the Orissa Grama Panchayat Act ('the Act' for short).

3. The present petitioner appeared pursuant to notice and filed her objection/show-cause to the allegations made in the election petition. During trial of the election petition, the opposite party No.3 filed a petition with a prayer to accept some documents as detailed in the memo as exhibits, on behalf of the petitioner, as those are public documents, with a further prayer to summon through Court, the PHEO Kujanga CHC and Smt. Abanti Rout, Female Health Worker, Balia, to adduce evidence before the Court. The present petitioner filed her objection to the said petition of the opposite party No.3.

4. Learned Civil Judge considering the documents sought to be exhibited by opposite party No.3 has allowed the photo copy of the Family Planning Sterlization 'Report of the petitioner, obtained under RTI Act by one Krutibasa Gochhayat, to be marked as Exhibit-7, as it was a public document, issued by the Medical Officer, Kujanga.

5. As one Smt. Abanti Rout, Female Health Worker of Balia Sub-Centre of Kujanga CHC had put her signature in the sterlization application form and the PHEO, Kujanga CHC, had issued the said document marked as Ext.7, learned Civil Judge felt that their evidence is necessary and has accordingly directed for issue of summons to them, with a direction to the PHEO, Kujanga CHC, to produce the original sterlization application form of the petitioner.

6. Learned counsel for the petitioner submits that as the opposite party No.3 has not disclosed as to why the document (Ext.7) was not filed along with the election petition, as required under Order 7 Rule 14 CPC or before settlement of issues, as provided under Order 13, Rule 1 CPC, learned Civil Judge was not justified in accepting the same at a belated stage, after the trial of the case had commenced and marking the same as Exhibit-7. In this regard, it is submitted that the opposite party No.3 was required to file all the documents upon which she relies, alongwith her election petition and in the present case opposite party No.3 having not done so, she cannot be permitted to produce those documents at a belated stage, during trial of the election petition and pray for acceptance of the same. It is accordingly submitted that the impugned order of the learned Civil Judge, accepting the said document and marking the same Exhibit-7 is in violation of the procedures prescribed under Order 7, Rule 14 and Order 13, Rule 1 CPC and therefore the same cannot be sustained.

7. Learned counsel for the opposite party No.3 has filed certified copy of the order of the learned Civil Judge, dated 09.10.2012, from which it reveals that in the meantime the evidence of P.Ws.6 and 7 have been recorded and the documents produced by them have been marked as Exhibit-7/a, 8/a, 8/b and 8/c. Accordingly, it is submitted that the impugned order having already been w