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2014 Supreme(Ori) 76

B.R.SARANGI
Baijayanti Nanda – Appellant
Versus
Jagannath Mahaprabhu Marfat Adhikari Mahanta Bansidhar Das Goswami – Respondent


Advocates:
Advocate Appeared:
For Petitioner: M/s. B. Tripathy & B. Mishra
For Opp. Parties: M/s. P.K. Mishra & B.B. Dash (for Opp. party No.4)

JUDGMENT

Dr. B.R.SARANGI, J. - The plaintiff, being the petitioner, has filed this petition challenging the order dated 16.8.2007 passed by learned Civil Judge (Junior Division), Puri in T.S.No. 136 of 1992 under Annexure - 3 allowing the petition filed by the defendant-opposite party No.4 with regard to exhibiting the plaint of C.S.No. 80 of 2006 as a public document under Section 74 of the Evidence Act.

2. The short facts of the case, in hand, is that the petitioner being the plaintiff filed a suit bearing T.S.No. 136 of 1992 before the learned Civil Judge (Junior Division), Puri for declaration of her right, title and interest and confirmation of possession over the suit land. The defendants being summoned appeared in the suit. Besides defendant No.4, Mina Samahtaray and defendant No.5, Santanu Mohapatra, none filed the written statement in the suit. The written statement filed by the defendant No. 5 was not accepted by the Court, However, defendant No.4 contested the suit by filing her written statement. On the basis of the pleadings available, issues were framed and hearing of the suit commenced and witnesses from both the sides were examined and in course of such hearing docume







































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