SUKANTA KUMAR PRADHAN Vs. RUDRA PRASAD KAR

JUDGEMENT

(1.) Order dtd. 11/9/2023 (Annexure-7) passed by learned Civil Judge (Senior Division), 1st Court, Cuttack in I.A. No.01 of 2023 (arising out of C.S. No.296 of 2023) is under challenge in this CMP, whereby an application filed by the Petitioners to adduce oral evidence as well as to file certain documents in the I.A., has been rejected.

(2.) It is submitted by Mr. Bhuyan, learned counsel for the Petitioners that I.A. No.01 of 2023 has been filed under Order XXXIX Rules 1 and 2 CPC. During pendency of the said petition, the Petitioners filed an application to adduce oral evidence in the I.A. and also to file certain documents in support of their case. Learned trial Court, while refusing the prayer of the Petitioners to adduce oral evidence in the matter, also did not accept the documents holding that the same shall be considered at the time of hearing and final disposal of the I.A.

(3.) It is his submission that in the meantime, the Petitioners have filed written statement enclosing the list of documents he is relying upon. Thus, there is no difficulty on the part of the Court to accept at least the documentary evidence relied upon by the Petitioners.