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2017 Supreme(Ori) 1381

BISWANATH RATH
Ranjit Kumar Bhagat – Appellant
Versus
Balkrishna Mishra – Respondent


Advocates Appeared:
For Petitioner: M/s. Sanjeev Udgata, S.Udgata & A. Mishra.
For Opp.Party : Mr. N.K. Sahu, B. Swain, P.Swain & M.Das.

JUDGMENT

BISWANATH RATH, J. - This Civil Miscellaneous Petition involves the impugned order at Annexure-4 involving rejection of an application under Order 11, Rule 1 of the Code Civil Procedure.

2. Short background involved in the case is that the suit by the opposite party was for eviction of the defendant, the present petitioner from the suit house, recovery of rent as well as mesne profit and other reliefs. After filing written statement, the defendant filed application under Order 11, Rule 1 read with Section 30 of the Code of Civil Procedure vide Annexure-3. This petition being objected entering into hearing, the trial Court by the impugned order rejected the application giving rise to the present Civil Miscellaneous Petition.

3. Referring to the pleadings involved in paragraph 2 of the plaint, the written statement response in paragraph-6 of the written statement and then referring to the question as framed for purpose of interrogatory appearing at pages 27 and 28 of the brief, Sri Udgata, learned counsel for the petitioner submitted that entering into interrogatory, as has been asked by the defendant will reduce effort in the suit, the trial Court having failed to apprec
















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