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2017 Supreme(Ori) 99

A.K.RATH
Sarat Chandra Mohapatra – Appellant
Versus
Narasingha Mohapatra – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.K. Parija, Mr. V. Mohapatra
For the Opposite Parties : Mr. A. Mohanty, Miss L. Pradhan

JUDGMENT :

A.K. Rath, J.

This petition challenges the order dated 16.4.2016 passed by the learned Civil Judge (Senior Division), Puri in C.S. No.495 of 2012. By the said order, learned trial court rejected the applications of the plaintiff to examine him and to prove the documents after closure of evidence.

2. Since the petition is to be disposed of on a short point, the facts need not be stated in detail. Suffice it to say that Kunimani Mohapatra, mother of the plaintiff, instituted C.S. No.495 of 2012 in the court of the learned Civil Judge (Senior Division), Puri for declaration of right, title and interest, cancellation of sale deed and permanent injunction impleading opposite parties as defendants. During pendency of the suit, she died, where after, the petitioner was substituted. After closure of evidence from both the sides, on 2.2.2015 the plaintiff filed two applications seeking leave of the court to file documents and to mark the same as exhibits. The defendants filed objections to the same. By order dated 12.02.2015, learned trial court rejected the applications. Thereafter, he filed CMP No.227 of 2015 before this Court. The same was listed on 7.12.2015 before a Bench of th























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