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1979 Supreme(Ori) 146

S.ACHARYA
BISHNU BALLAB PANDA – Appellant
Versus
FOOD CORPORATION OF INDIA – Respondent


Advocates Appeared:
R.C. Patnaik and P.K Misra, for the Appellant; G. Bohidar, S.K. Mund, G.N. Mohapatra and U.C. Mohanty, for the Respondent

JUDGMENT :

S. Acharya, J. - The Plaintiff, opposite party in this revision, filed Money Suit No. 7 of 1977 in the Court of the Subordinate Judge, Bhawanipatna. The Defendant appeared in suit on 20-12-1917 and prayed for time to file written statement. On 12-1-1978 the Defendant again prayed for time to file written statement on the ground that he had served notice under Order 11, Rule 16, CPC on the Plaintiff for production of the documents referred to and relied on by the Plaintiff in the plaint for inspection by the Defendant. On that ground time for filing written statement was granted till 14-2-1978. As the Plaintiff had not produced the documents till then the Court on 27-1-1978 ordered that the Plaintiff would not be at liberty to put those documents in evidence. Thereafter the Defendant again moved the Court by filing a petition under Order 11, Rule 18, CPC to direct the Plaintiff to produce the documents for inspection by the Defendant or to pass orders under the said rule. In that petition it was mentioned that it was risky and not possible on the part of the Defendant to file his written statement in the suit without inspecting the aforesaid documents. The Plaintiff on tha






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