JUDGMENT :

K.R. Mohapatra, J. - Order dated 31.01.2014 passed by the learned Civil Judge (Senior Division), Champua in CMA No. 45 of 2013 arising out of CS No. 61 of 2013 rejecting an application under Order 39 Rules 1 and 2 of C.P.C. filed by the plaintiff is under challenged in this appeal.

2. Civil Suit No. 61 of 2013 has been filed for declaration and permanent injunction. The dispute is in respect of a 30 feet wide road connecting Roida-I iron ore mines with NH 215 running through the leasehold area of in Roida-II iron ore mines of the sole defendant (for short, 'the suit road').

Case of the plaintiff in brief is that defendant was the lessee in respect of Roida-I and Roida-II iron ore mines since 23.01.1953. The said lease was for thirty years, i.e., up to 22.01.1983. First renewal of mining lease was granted in favour of the defendant in respect of both Roida-I and Roida-II iron ore mines for a period of 20 years, i.e., from 23.01.1983 to 22.01.2003. On 16.09.1994, the defendant made an application under Rule 37 of the Mineral Concession Rules, 1960 ('Rules 1960' for short) for transfer of the mining lease of Roida-I iron ore mines in favour of the plaintiff for the remaining p