Sankarsan Dash Vs Manas Ranjan Dash

Order dated 18^th October, 2022 (Annexure-7) passed by learned Civil Judge (Senior Division), Pipili in C.S. No.341/159 of 2017-15 is under challenge in this CMP, whereby an application under Order XVIII Rule 17 C.P.C. filed by the Plaintiff-Petitioner, has been rejected.

In course of hearing, Mr. Mohapatra, learned counsel for the Petitioner submits that the proper course for the Petitioner would have been to summon the author of Ext.11(A) for its formal proof. However, inadvertently an application under Order XVIII Rule 17 C.P.C. for recall of the witness has been filed. In view of the above, he submits that the Petitioner may be permitted to file an application under Order XVI Rule 14 C.P.C.to summon the author of Ext.11(A).

In view of such submission, this Court without interfering with the impugned order under Annexure-7, disposes of the CMP with an observation that in the event, an application for summoning the author of Ext.11(A) is filed, the same shall be

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considered on its own merit giving opportunity of hearing to the parties concerned.

It is made clear that this Court has not expressed any opinion on the merits of the case of the Petitioner.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra)

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ms

Judge

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Sankarsan Dash v. Manas Ranjan Dash