Abdul Sakur v. Sk.Aptauddin
Case brief
What is this about?
This civil miscellaneous petition challenged an order rejecting a request to compel defendants to produce documents relied upon in their written statement post-settlement.
What did the court decide?
CMP dismissed as devoid of merit, no direction to compel document production granted.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1082 of 2022
Abdul Sakur and another
…. Petitioners Ajit Kumar Tripathy, Advocate
-versus-
Sk. Aptauddin and others …. Opp. Parties
CORAM: JUSTICE K.R. MOHAPATRA
ORDER
Order No.
13.12.2022
- This matter is taken up through Hybrid mode.
- Petitioners in this CMP seek to assail the order dated 29th May, 2022 (Annexure-4) passed by learned Civil Judge (Senior Division), Chandikhole, whereby an application filed by the Plaintiffs to direct the Defendants to produce the documents relied upon by them, has been rejected.
Issues for consideration
2 issues framed by the court
Whether the trial court was correct in rejecting the petition to compel defendants to produce documents relied upon after settlement of issues.
Whether a plaintiff can pray to the court to compel the defendant to file a particular document in support of their case.
Parties & counsel
- petitioner
Abdul Sakur
- respondent
Sk. Aptauddin
Coram
K.R. Mohapatra
Case details
As recorded by the court registry
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