Dismissed

Bhikari Khatua v. Kanhu Charan Swain

Orissa HC21 Aug 2023CMP/297/2023

Case brief

AI extract

What is this about?

This case is a Committal proceedings petition challenging a Civil Judge's order rejecting an application to summon a Tahasildar. The petitioner sought records to rebut a suit, but the higher court held he could not have filed the summons while still waiting for certified copies from the Tahasildar. The petition was dismissed.

What did the court decide?

The Committal proceedings petition was dismissed as devoid of merit.

Bhikari Khatua Vs Kanhu Charan Swain — Property and Title | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

CMP NO. 297 OF 2023

¶3

Bhikari Khatua

¶4

…. Petitioner

¶5

Mr. Pratap Keshari Deo, Advocate

¶6

-versus-

¶7

Kanhu Charan Swain

¶8

…. Opp. Party

¶9

CORAM:

¶10

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

21.08.2023

This matter is taken up through hybrid mode.

¶16

2 . Although this matter was adjourned to 24^th August, 2023, but, on being mentioned by learned counsel for the Petitioner, it is proponed and listed today.

¶17

The Petitioner in this CMP seeks to assail the order dated 8^th February, 2023 (Annexure-5) passed by learned Civil Judge (Senior Division), Jajpur Road in C.S. No. 82 of 2020, whereby an application filed by the Plaintiff-Opposite Party under Order XVI Rule 6 C.P.C. to summon the Tahasildar, Vyasanagar to produce Khatian in respect of the suit land, has been rejected.

¶18

Mr. Deo, learned counsel for the Petitioner submits that Khatian (ROR) in respect of the suit land stands recorded in the name of father of Defendant-Petitioner. The Petitioner has also submitted an application before the Tahasildar, Vyasanagar to obtain the certified copy of the same. But, till date, it has not been supplied to him. Thus, in order to avoid further delay, an application under Order XVI Rule 6 C.P.C. was filed to

¶19

Page 1 of 2

¶20

// 2 //

¶21

summon the Tahasildar, Vyasanagar to produce the R.O.R. of the suit land.

¶22

4.1 It is his submission that although evidence from the side of the Plaintiff has been closed, but, only two witnesses have been examined on behalf of the Defendant-Petitioner. Thus, there is no legal impediment to allow the application under Order XVI Rule 6 C.P.C.

¶23

Considering the submission made by learned counsel for the Petitioner and on perusal of the record, it appears that the Petitioner has applied for the certified copy of the R.O.R. on 22^nd November, 2022, which is pending before Tahasildar, Vyasanagar. Without obtaining the certified copy of the same, the Petitioner has filed an application under Order XVI Rule 6 C.P.C. to summon the Tahasildar, Vyasanagar to produce the documents.

¶24

Since the Petitioner has opportunity to obtain the certified copy of the R.O.R. in respect of the suit land and produce the same, learned trial Court has committed no error in dismissing the application under Order XVI Rule 6 C.P.C. Hence, this Court finds no infirmity in the impugned order.

¶25

Accordingly, the CMP being devoid of any merit stands dismissed.

¶26

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

¶27

Signature Not Verified bks Digitally Signed Signed by: BIJAY KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 22-Aug-2023 10:51:29

¶28

Page 2 of 2

Bhikari Khatua v. Kanhu Charan Swain

Case brief

What is this about?

What did the court decide?

Bhikari Khatua v. Kanhu Charan Swain

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suryamani Durga Vs Manju Durga

Narayan Kedia Vs Prasanta Ku.Patnaik

Albinus Kisan Vs Peter Kisan

Hadu Kata Vs Narendra Kata and Ors.

Sandhyarani Debi Vs Giridhari Pradhan

Ramani R.Kara Vs Kalpana Sahoo