The High Court of Orissa dismissed the contempt petition challenging the dismissal of an application for deputation of a Pleader Commissioner under Order XXXIX Rule 7 CPC. The court held that allowing such deputation would amount to procuring evidence for the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP NO. 681 of 2022
Pramila Nayak
Petitioner
Mr. Prasanna Kumar Rath, Advocate
-versus-
Malaya Kumar Swain
…. Opp. Party
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
09.11.2022
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claiming that he had purchased the suit property, is trying to evict the Petitioner. Hence, the suit as well as the interim applications were filed. The Opposite Party raised on objection that the Petitioner is not residing over the suit property. In order to ascertain the factual position a Pleader Commission should be deputed in exercise of power under Order XXXIX Rule 7 CPC to facilitate adjudication of the interim application for injunction. However, learned trial Court, without considering the same, dismissed the petition holding that it will amount procuring evidence on behalf of the Petitioner. He, therefore, prays for setting aside the impugned order under Annexure-1 and direct learned trial Court to depute a Pleader Commissioner to ascertain topography and possession over the suit land.
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petition for injunction. Thus, allowing deputation of a Pleader Commissioner will certainly amount to procuring material(s) on behalf of the Plaintiff/Petitioner, which is not permissible in law. This Court also finds no impediment on the part of the Petitioner to produce material before the Court to establish her case. Hence, a petition under Order XXXIX Rule 7 CPC is not maintainable. Thus, I find no infirmity in the impugned order. 5. Accordingly, the CMP being devoid of any merit stands dismissed.
s.s.satapathy
(K.R. Mohapatra)
Judge
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2 issues framed by the court
Whether a petition under Order XXXIX Rule 7 CPC is maintainable when the deputation of a Pleader Commissioner would amount to procuring evidence on behalf of the petitioner to establish her case of po
Whether the learned trial court committed any infirmity in dismissing the petition for deputation of a Pleader Commissioner.
1 provisions across 1 enactments
Pramila Nayak
Malaya Kumar Swain
K.R. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
