CMP challenging rejection of examination of witness through Commission in a title suit. Counsel agreed to appointment; court disposed of CMP allowing Defendant No.6(a)'s prayer, requiring witness availability on the day of Commissioner's visit.
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Signature Not Verified
Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Personal Assistant Reason: Authentication Location: OHC, Cuttack Date: 18-Sep-2025 18:35:40
IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1082 of 2025
Debashis Singh Deo and Another …. Petitioners
Mr. A.P. Bose, Advocate -versus-
…. Dwarkadas Shivji and Others Opposite Parties Mr. U.C. Patnaik, counsel for O.P. No.1
CORAM: SHRI JUSTICE B. P. ROUTRAY
ORDER 18.9.2025
Order No.
Signature Not Verified
Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Personal Assistant Reason: Authentication Location: OHC, Cuttack Date: 18-Sep-2025 18:35:40
Akshya Kumar Singh Deo. However, it is clarified that the witness shall make himself available on the same day of visit of the Commissioner, to be appointed by the learned trial court to enable him to complete his examination on the same day.
M.K.Panda
Page 2 of 2
1 issue framed by the court
Whether the trial court's rejection of the Defendants' prayer for examination of a witness through a Commission under Order 26 Rule 1 CPC should be allowed?
1 provisions across 1 enactments
Debashis Singh Deo
Dwarkadas Shivji
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
