Disposed

Prasanna Dandsena v. Bhagawatia Saha

Orissa HC7 Nov 2016WP(C)/12056/2007

Case brief

AI extract

What is this about?

The Court allowed the petitioner to withdraw a writ petition seeking quashment of an order refusing a call for record. Liberty was granted to file a fresh application with requisite details, directing the trial court to consider the matter afresh on merits.

What did the court decide?

Application withdrawn with liberty to file a better application; trial court directed to consider same afresh.

09. 07.11.2016 The petitioner in this application under Article -227 of the Constitution seeks quashment of an order dated 11.09.2007 passed by learned Civil Judge (Sr. D ivision), Sundargarh in C.S. No. 99 of 2006 refusing the prayer of the defendant-petitioner to call for the record of a Misc. Case No. 130 of 1988 on the file of Executive Magistrate (Sada r), Sundargarh.

Perusal of the order reveals that the rejection has been made mainly because of the reaso n that the petition in question does not disclose the very purpose sought to be achieved by ca lling for; the entire record when the certified copy of the final order passed therein has bee n filed. It appears that the petitioner in a generalized manner has stated about the requireme nt of the said document in the suit to admit some documents available in the case record in ev idence. But how its so essential has not been indicated.

Learned counsel for the petitioner fairly submits that the petition ought to have been m ore descriptive so as to enable the trial court to ascertain as to whether its production is n ecessary for the purpose of adjudication of the contentious issue. Therefore, he now prays bef ore the court for withdrawal of this application with liberty to the petitioner to move the sa id petition again describing all those details as regards the need for production of the docum ent for the purpose of the decision in the suit.

Considering the submission, this Court while permitting the petitioners to wit hdraw this application grants the liberty to the petitioner to file a better application in th e trial court giving all necessary details as regards the requirement of the said record as st ated above and in that event, the trial court is directed to consider the same afresh on its o wn merit and dispose of in accordance with law being not influenced by its earlier order in an y way.

Prasanna Dandsena v. Bhagawatia Saha

Case brief

What is this about?

What did the court decide?

Prasanna Dandsena v. Bhagawatia Saha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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