JUDGMENT

Krushna Ram Mohapatra, J.—This matter is taken up by virtual/physical mode.

2. Order dated 20th December, 2022 (Annexure-4) passed in FAO No.162 of 2022 is under challenge in this CMP, whereby learned District Judge, Khurda at Bhubaneswar dismissing the appeal, confirmed order dated 12th October, 2022 (Annexure-2) passed by 1st Additional Senior Civil Judge, Bhubaneswar in CMA No.69 of 2021 (arising out of CS No.310 of 2017) rejecting an application filed by the Sasanka Digitally signed by Sasanka Sekhar Sekhar Petitioner under Order IX Rule 13 CPC.

3. Facts of the case are not much disputed. CS No.310 of 2017 was filed by the Plaintiff-Opposite Party for eviction, recovery of outstanding monthly rent along with arrear electricity and water charges as well as for recovery of damages from the Defendant-Petitioner. On 6th April, 2018, Plaintiff filed her evidence in affidavit serving copy thereof on the Defendant. On 11th April, 2018, the Plaintiff was examined as PW-1 and exhibited documents as Ext.1 to Ext.15. She was also partially cross-examined by the Defendant. On 8th May, 2018, evidence from the side of the Plaintiff was closed and the suit was posted to 10th May, 201