Rabinarayan Das v. Keshab Behera
Case brief
What is this about?
Orissa High Court; CMP No.320 of 2026; Article 227 petition; challenge to appointment of Court Commissioner under Order 26 Rule 9 CPC in CS No.32 of 2016 (Civil Judge (Junior Division), Kamakhyanagar); application not pressed; liberty granted to contest validity of order dated 06.11.2025 at later stage including appeal; suit of 2016 to be disposed preferably within six months; parties barred from unnecessary adjournments; earlier CMP No.29 of 2018 and Order 6 Rule 17 CPC amendment referenced; decided 16.03.2026 by Justice Aditya Kumar Mohapatra.
What did the court decide?
CMP disposed of without adjudicating the challenge: Petitioners granted liberty to raise the validity of the impugned order dated 06.11.2025 at a subsequent stage including appeal; trial court directed to expedite and dispose of CS No.32 of 2016 preferably within six months of communication of the order; parties directed to cooperate and avoid unnecessary adjournments.