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Judgment
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K.R. Mohapatra, J
This matter is taken up through video conferencing mode.
Heard Mr. Mishra, learned counsel for the Petitioner.
The Petitioner in this CMP seeks to assail the order dated 6th December, 2019 (Annexure-5) passed by learned Civil Judge (Senior Division), Jajpur
Road in C.S. No. 153 of 2013.
Mr. Mishra, learned counsel for the Petitioner submits that the Defendant No. 7 is the son of the Plaintiff, who is not coming forward to be
transposed as Plaintiff. On the other hand, the Defendant Nos. 2 to 5 filed an application under Order 1 Rule 10(2) C.P.C. to transpose them as
plaintiffs. It is contended that although the Plaintiff being deaf and dumb and has physical disability, her evidence can be recorded with the assistance
of an interpreter. Thus, there is no necessity to transpose the Defendant Nos. 2 to 5 as Plaintiffs in the suit. It is his contention that the sale deed
executed by the Plaintiff in favour of Defendant No.1 is under challenge in the suit. Thus, the suit involves a dispute between the Plaintiff vis-Ã -vis
the Defendant No.1. The Defendant Nos.2 to 5 cannot have any grievance in the matter. In view of the above, he prays for setting aside the
impugned order under Annexure-5.
On perusal of the record, it appears that the land in respect of which the sale deed has been executed by the Plaintiff in favour of Defendant No.1
has been jointly recorded in the name of Plaintiff and Defendant Nos. 2 to 5. It is also admitted by learned counsel for the Petitioner that the Plaintiff
is a differently abled person being deaf and dumb with 77% of disability. The Defendant Nos. 2 to 5 do not have any conflicting claim with that of the
Plaintiff. Rather they support the case of the Plaintiff. Learned Civil Judge taking into consideration the rival contentions of the parties and position of
law has passed the impugned order. In that view of the matter, I am not inclined to entertain the CMP, which is accordingly dismissed.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order
available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide
Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.