Mr.Banshidhar Baug, learned counsel and associates enters appearance on behalf
of opposite party No.1 by filing Vakalatnama in Court today and the same is taken on record.
2. Grievance of the petitioner in this CMP is that though the petitioner (defenda
nt No.4 in the court below) had filed a petition on 08.12.2015 for time to lead evidence, it w
as allowed till 17.12.2015. At the same time, learned Civil Judge allowed Defendant No.5 to le
ad evidence in the matter.
3. Mr.Baug, learned counsel for opposite party No.1 (plaintiff in the suit) submi
ts that the suit is posted to 19.03.2016 to lead further evidence on behalf of defendant No.5
pursuant to this Courts order dated 16.02.2016 passed in CMP No.165 of 2016.
4. Heard Mr.D.K.Sahoo, learned counsel for the petitioner and Mr.Baug, learned co
unsel for opposite party No.1.
5. Mr.Sahoo, in course of his argument, submitted that he has three other witness
es to examine on behalf of the petitioner (defendant No.4), Hence, this Court disposes of the
CMP with a direction that defendant No.4 (petitioner herein) shall be allowed to adduce eviden
ce in Civil Suit No.902 of 2008 on the next date after closure of evidence on behalf of defend
ant No.5. No further prayer for adjournment for adducing evidence on behalf of defendant No.4
shall be entertained.
6. With the aforesaid observation and direction, the CMP stands disposed of.
Issue urgent certified copy of the order on proper application.