Nanda Bhuyan @ Nanda Kishor Bhuyan Vs Sukadev Bhuyan — Orissa HC (2025) — LawSathi Research

Nanda Bhuyan @ Nanda Kishor Bhuyan Vs Sukadev Bhuyan — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to move learned Civil Judge (Senior Division), Jajpur with a request to provide an opportunity to file objections to the Pleader Commissioner's reports; objections received within three weeks to be entertained by the learned Court below, followed by an order at the earliest preferably within the next four weeks unless the proceedings are disposed of in the meantime; no order as to costs.

Issue for consideration

Whether the petitioner, whose conducting counsel before the learned Court below did not communicate receipt of the Pleader Commissioner's reports, should be afforded an opportunity to file objections to those reports.

Court's answer

Although the petitioner had an opportunity to object to the Pleader Commissioner's reports but failed to respond because his conducting counsel did not intimate him of their receipt, this Court held that he should be allowed to move the learned Court below in I.A. Nos. 237 of 2013 and 54 of 2014 with such a plea, requesting to file objections, for a decision followed by an order in accordance with law, as that would serve the purpose and meet the ends of justice.

Ratio / Principle

The petition stands disposed of with liberty to the petitioner to move learned Civil Judge (Senior Division), Jajpur; objections to the Pleader Commissioner's reports, if received within three weeks, shall be entertained by the learned Court below followed by an order at the earliest preferably within the next four weeks unless the proceedings have been disposed of in the meantime; no order as to costs.

Detailed headnote1 paragraphs

Orissa High Court (CMP) — Pleader Commissioner's reports in I.A. Nos.237 of 2013 and 54 of 2014 (arising out of C.S. No.353 of 2011, proceedings under Order 39 Rule 2-A CPC) were accepted by the Court below on 3rd December, 2024 as no objection was filed; the petitioner's conducting counsel had not communicated receipt of the reports. Held: petition disposed of with liberty to the petitioner to move Civil Judge (Senior Division), Jajpur; objections filed within three weeks to be entertained and decided by order preferably within the next four weeks unless the suit proceedings conclude meanwhile; no order as to costs. Matter disposed at admission stage without issuing notices to opposite parties.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No.145 of 2025

Nanda Bhuyan @ Nanda Kishor …. Petitioner Bhuyan

Mr. G. Dash, Advocate

-Versus-

Sukadev Bhuyan & others …. Opposite Parties

None

CORAM: MR. JUSTICE R.K. PATTANAIK

ORDER

21.03.2025

Order No.

1. Heard Mr. Dash, learned counsel for the petitioner.

No notices are issued to the opposite parties as the matter is disposed of at the stage of admission.

Instant petition is filed by the petitioner challenging the impugned orders dated 3^rd December, 2024 passed in connection with I.A. Nos.237 of 2013 and 54 of 2014 arising out of C.S. No.353 of 2011, whereby, the Pleader Commissioner’s reports under Annexures-5 & 6 have been accepted on the premise that no objection was received.

Mr. Dash, learned counsel for the petitioner submits that the conducting counsel before the learned Court below did not communicate the petitioner about the Pleader Commissioner’s reports and hence, learned Court below accepted the same in the proceedings initiated under Order 39 Rule 2-A CPC. The submission is that in the interest of justice, the petitioner should be provided an opportunity to file an objection to the reports of the Pleader Commissioner, otherwise, it would prejudice him immensely.

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As per the impugned orders under Annexures-9 & 10, the Court finds that no such objection was filed from the side of the petitioner and others, hence, the Pleader Commissioner’s reports were accepted.

At present, it is informed to the Court that the proceedings are pending at the stage of argument. In view of the submission as above and as the petitioner did have opportunity to file objection but failed to respond, as the conducting counsel before the Court below did not intimate him about the reports of the Pleader Commissioner to have been received, this Court is of the view that the petitioner should be allowed to an opportunity to move the learned Court below in I.A. Nos. 237 of 2013 and 54 of 2014 with such a plea with request to file objections to the same for a decision followed by an order in accordance with law as same would rather serve the purpose and meet the ends of justice.

Hence, it is ordered.

In the result, the petition stands disposed of with the liberty granted in favour of the petitioner to move learned Civil Judge (Senior Division), Jajpur with a request to provide an opportunity to file objections to the reports of the Pleader Commissioner and in the event, the same is received within a period of three weeks from today, it shall be entertained by the learned Court below followed by an order at the earliest preferably within next four weeks unless the proceedings have been disposed of in the meantime. In the circumstances, however, there is no order as to costs.

Urgent certified copy of this order be issued as per rules.

Signature Not Verified

Digitally Signed Signed by: ALOK RANJAN SETHY (R.K. Pattanaik) Reason: Authentication Location: ORISSA HIGH COURT Judge Date: 24-Mar-2025 11:47:37 Alok

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