JUDGMENT

Murahari Sri Raman, J.

The challenge:

Assailing the Judgment dated 01.12.2009 of the Additional District Judge, Fast Track Court, Dhenkanal rendered in RFA No.61 of 2006 directed against the Judgment and decree dated 14.09.2006 and 21.09.2006 respectively passed by the Civil Judge (Junior Division), Dhenkanal in CS No.50 of 2005, though second appeal, RSA bearing No.102 of 2010, was preferred under Section 100 of the Code of Civil Procedure, 1908 ('CPC', for brevity), being allowed to be converted vide Order dated 30.09.2010 to Civil Revision Petition, the petitioner (Respondent-Plaintiff) approached this Court invoking provisions of Section 115, with a prayer to set aside the Judgment and Order of the Appellate Court.The facts:

2. The facts as adumbrated by the petitioner in the civil revision petition reveals that in the Civil Suit bearing No.50 of 2005 instituted before the Civil Judge (Junior Division), Dhenkanal it was the case of the petitionerrespondent-plaintiff that on 02.07.2005 at about 9.00 P.M. during a quarrel that ensued between two groups in which one Subhendu Kumar Nayak while mercilessly being assaulted, the petitioner was present at that relevant time and pl