JUDGMENT :

Biswanath Rath, J.

This Civil Miscellaneous Petition involves a challenge to the order under Annexure-3 passed by the learned Civil Judge (Senior Division), Phulbani in connection with Civil Suit No.1 of 2009, thereby allowing an application under Section 73 of the Indian Evidence Act at the instance of the plaintiff.

2. Short background involved in the case is that the opposite party as plaintiff filed Civil Suit No.1 of 2009 in the court of the Civil Judge (Senior Division), Phulbani for release of Rs.50,000/- (Rupees fifty thousand) from the petitioner-defendant therein stated to be a recovery of a hand loan to the present petitioner. The trial court by judgment dated 13.10.2009 dismissed the suit. An appeal being preferred vide R.F.A.No.15 of 2009, the appeal was disposed of on contest appears to have been with a direction for remand of the suit for fresh consideration with specific orders. It is after reopening of the suit and while the suit was in progress, an application under Order 3, Rule 1 of the Code of Civil Procedure read with Section 73 of the Indian Evidence Act was filed by the plaintiff seeking a direction from the trial court for appearance of the defendan