Disposed

Jagatram Bhue v. Meka Krishna

Orissa HC10 Oct 2022CMP/755/2022

Case brief

AI extract

What is this about?

In this Civil Miscellaneous Petition, the High Court of Orissa disposed of the matter by permitting the petitioner to file an application for recall of the impugned order within two weeks, with a direction to consider it before proceeding with the suit, without expressing an opinion on merits.

What did the court decide?

Direction to allow recall application within two weeks for consideration before proceeding with suit.

Jagatram Bhue Vs Meka Krishna — Civil Procedure and Limitation | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CMP No. 755 of 2022

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Lagatram Bhue

¶4

Petitioner

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Mr. Kabir Kumar Jena, Advocate

-versus-

Meka Krishna

…. Opp. Party

CORAM: JUSTICE K.R. MOHAPATRA

ORDER

Order No.

10.10.2022

This matter is taken up through hybrid mode.

¶15

Petitioner in this CMP seeks to assail the order dated 20^th July, 2022 (Annexure-7), whereby applications filed by the Defendant to accept certain documents and to send certain documents to the expert for comparison, have been rejected by learned Civil Judge (Senior Division), Bargarh.

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It is submitted by Mr. Jena, learned counsel for the Petitioner that the matter was posted to 6^th July, 2022 for objection and hearing of both the petitions, on which date the Plaintiff filed objections to the Petitions and the matter was posted to 14^th July, 2022 for hearing of the petitions. On that date, learned counsel for the Petitioner filed an application for adjournment (Annexure-6). But learned trial Court, without affording any opportunity, posted the matter to 19^th July, 2022 for orders and the impugned order was passed on 20^th July, 2022. It is his submission that although evidence from the side of the Plaintiff is closed, but evidence from the side of the

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Defendant has not yet commenced. Hence, the Petitioner should be given another opportunity to place his case.

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In course of hearing, Mr. Jena, learned counsel for the Petitioner submits that interest of justice will be best served if the Petitioner/Defendant files an application for recall order dated 20^th July, 2022 and to afford him opportunity of hearing. He further prays for a direction to learned trial Court to consider the said application in accordance with law.

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In view of the innocuous nature of the prayer made by learned counsel for the Petitioner, this Court disposes of the CMP with an observation that in the event the Petitioner files an application for recall of order dated 20^th July, 2022 within a period of two weeks hence, the same may be considered in accordance with law before proceeding with the suit. It is made clear that that this Court has not expressed any opinion on the merit of the submission made by learned counsel for the Petitioner.

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Issue urgent certified copy of the order on proper application.

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(K.R. Mohapatra) Judge

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s.s.satapathy

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Jagatram Bhue v. Meka Krishna

Case brief

What is this about?

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Jagatram Bhue v. Meka Krishna

Case brief

What is this about?

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