Petitioners challenged transfer order declining recall of witnesses. Court allowing recall and cross-examination of P.W.1 and D.W.1 in partition suit despite objection, imposing nominal cost.
Cross-examination of P.W.1 and D.W.1 allowed; impugned order set aside; petitioners to pay Rs.2000 cost to respondent.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.32 of 2025
Aruna Nayak @ Arun Kumar Nayak …. and others
Petitioners
Mr. K. K. Rout, Advocate
-Versus-
Prasanta Kumar Nayak
…. Opposite party
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
Order No.
03.05.2025
Page 1 of 3
court below but it was declined vide Annexure-1, which is, therefore, to be interfered with.
6. Accordingly, it is ordered.
Page 2 of 3
fixed. It is further directed that the above order with regard to recall of witnesses for the purpose of cross-examination shall be subject to payment of cost by the petitioners. In the circumstances, no further cost is imposed.
Rojina
Signature Not Verified
Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 03-May-2025 18:42:27
Page 3 of 3
1 issue framed by the court
Whether a recall and cross-examination of witnesses permitted after closure of evidence when counsel was engaged earlier without client's presence?
Aruna Nayak @ Arun Kumar Nayak
Prasanta Kumar Nayak
R.K. Pattanaik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
