Allowed

Pratap Chandra Kar v. Narayan Dutta

Orissa HC15 Mar 2016CMP/375/2016

Case brief

AI extract

What is this about?

CMP No.375 of 2016 disposed of the revision against an order rejecting cross-examination on recall. The Court set aside the impugned order and directed the Trial Court to permit cross-examination subject to payment of costs and without further adjournment.

What did the court decide?

Impugned order dated 09.02.2016 set aside; direction to allow cross-examination on recall subject to payment of Rs.3,000 costs; further adjournments denied.

Pratap Chandra Kar Vs Narayan Dutta — Civil Procedure and Limitation | Orissa HC (2016)

¶1

C.M.P. No.375 of 2016

¶2

15.03.2016

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 Heard Mr.G.B.Jena learned counsel for the petitioners.

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2. In view of the limited nature of grievance and innocuous prayer made in this CMP, the
same is taken up for disposal without issuing notice to the opposite party.

¶5

3. Petitioner in this CMP assails the order dated 09.02.2016 passed by the learned Civil
Judge (Junior Division), Jaleswar, wherein, the prayer to cross-examine PW-1 and PW-2 on recal
l has been rejected.

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4. Considering the submissions made, this Court sets aside the impugned order dated 09.02
.2016 (Annexure-1) with a direction to the learned Civil Judge (Junior Division), Jaleswar to
allow the defendants (petitioners herein) to cross-examine PW-1 and PW-2 on recall subject to
payment of cost of Rs.3,000/- (rupees three thousand only) to the plaintiff (opposite party he
rein). It is further made clear that no further adjournment to cross-examine PW-1 and PW-2 sha
ll be entertained by the learned Trial Court. On production of certified copy of this order on
 the next date of hearing, learned Trial Court shall fix the date for production of PW-1 and P
W-2 to enable the defendants to cross-examine them on day-to-day basis.

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5. With the aforesaid direction, the CMP is disposed of.

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 Plaintiff/opposite party is at liberty to seek variation of this order, if he feels ag
grieved.

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 Urgent certified copy of the order shall be granted on proper application.

¶10

 K.R. Mohapatra, J.

¶11

Pratap Chandra Kar v. Narayan Dutta

Case brief

What is this about?

What did the court decide?

Pratap Chandra Kar v. Narayan Dutta

Case brief

What is this about?

What did the court decide?

What the court decided

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