B.K.MISHRA,J. - (1.) This Writ Petition has been filed challenging the order of the Learned Civil Judge (Sr. Divin.) 1st Court, Cuttack dated 17.12.2011 in C.S. No. 492 of 2005 (Annexure -1), wherein the Learned Trial Court disallowed the five petitions filed for marking of certain documents deputation of a Commissioner to make local inspection of the suit plot as well as to answer interrogatories to implead one Sashibhusan Mohanty and also to call for the Register from the officer of Sub -Registrar.
(2.) I have heard the Learned Counsel for the respective parties in the matter. It is seen that the present Petitioner as Plaintiff had instituted a suit in the Court of the Learned Civil Judge (Sr.Divn.), 1st Court, Cuttack for declaration of his right, interest and possession over the suit properties descried in Schedule -F -1 of the plaint with an alternate prayer that if no title would be found in favour of the Plaintiff over the suit land to declare that the Plaintiff had acquired such title by way of adverse possession. It was also prayed for a declaration that the Defendants have no exclusive right, title, interest and possession over the Schedule F -1 property and to permanently restrain them from making any extension by way of construction of their building appertaining to Plot No. 44/2123 described in Schedule F -2 and from making any construction on any portion of the Schedule F -1 land appertaining to Plot No.44 which is used as passage only etc and for removal such obstruction by issuing mandatory injunction of the unauthorized extended western side roof of ground floor of the Defendants towards Plaintiffs eastern side i.e. Hal Plot. No. 44/123 and the temporary obstruction wall which exists on the said schedule F -1 premises etc. Admittedly, after completion of the pleadings and statement of issues evidence was led from both sides and after closure of the evidence argument was heard. After closure of argument from the side of the Defendants argument from the side of the Plaintiff commenced. In the midst of the argument on 24.11.2011 the Petitioner -Plaintiff (herein after, referred as 'Plaintiff') filed a petition praying to mark some documents which were left out inadvertently. On 25.11.2011, another petition was filed under Order 26 Rule 9 of the C.P.C. for appointment of one Survey Knowing Commissioner to demarcate the constructions made over the suit plot as well as for measurement of the suit plot and for answering the interrogatories to be submitted by the Plaintiff. Another petition was filed under Order 1 Rule, 10 of the C.P.C. read with Section 151 of the C.P.C. on 28.11.2011 for impleading one Sashibhusan Mohanty, who is the son of late Gunanidhi Mohanty, as the Plaintiff and the predecessors -in -interest of the Defendants Late Rasananda Sahu had purchased Ac. 0.05 decimals of land out of Sabik Plot No. 336 on the strength of two registered sale deeds from Gunanidhi Mohanty. It was prayed that in view of the conduct of the Defendants and their dealing with the suit plot, the suit should be tried in presence of Sashibhusan Mohanty the son of late Gundaidhi Mohanty with a view to give finality to the lis. Similarly, on 2.5.2011 another petition was filed from the side of the Plaintiff to call for the Register of the sale deeds of the year 1982 from the office of the Sub -Registrar as the Defendants have interpolated and tampered with the description of their purchased land. Another petition was also filed on 2.12.2011 from the side of the Plaintiff to call for the records in C.S. No. 276 of 2004 from the Court of the Civil Judge (Jr. Divin.), 1st Court, Cuttack as objection was raised from the side of the Defendants that the plaint is not a public document and cannot be marked as exhibit.
(3.) THE Defendants who are the Opp. Parties in this Writ Petition they filed their objection to the each such petition filed from the side of Plaintiff during period from 24.11.2011 till 2.12.2011 and after hearing the Counsel for the respective parties, the Learned Civil Judge (Sr. Div.) 1st Court, Cuttack passed the impugned order at Annexure -1.;