The High Court dismissed the C.M.P. petition despite the technical rejection of an application under Order 16 Rule 6 CPC, noting the trial court allowed plaintiffs to seek documents from relevant offices directly. The Court held no scope to interfere.
The writ petition was dismissed accordingly.
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CMP NO.960 OF 2019
4 16.10.2019 In view of the resolution of the Orissa High Court Bar Association, the lawyers abstain from attending the Court.
This C.M.P. involves a challenge to the order at Annexure-5 rejecting an application under Order 16 Rule 6 of C.P.C. involving the prayer to call for the documents from the public authority.
Perused the grounds as well as the reasoning in the impugned order. This Court finds, while rejecting the application under Order 16 Rule 6 of C.P.C., the trial court has a clear observation that the plaintiffs have the right to advance their case obtaining copy of the desired documents from the office concerned and file it before the court for perusal and ascertaining the relevancy. For the technical rejection of the application, this Court observes, for the observation therein the petitioners have scope for producing the documents and renewing their prayer for calling for records and above exercise.
In such view of the matter, this Court is not inclined to entertain the C.M.P., which is dismissed accordingly.
…………………………
Biswanath Rath, J.
m
2 issues framed by the court
Whether a filed application under Order 16 Rule 6 CPC should set aside when the impugned order is a technical rejection allowing plaintiffs to approach relevant offices.
Whether the High Court should entertain a writ petition challenging the rejection of a copy of records application.
1 provisions across 1 enactments
Petitioners/Plaintiffs
Respondent
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
