Rajib Ku.Prusty vs Dipti Ranjan Das
2013 Latest Caselaw 3699 Del

                                            W.P.(C) No.18844 of 2013

03.    22.08.2013                  Counter Affidavit on behalf of opposite party is filed in
                    Court today, which be kept on record.

                                   Heard learned counsel for the parties.

                                   This writ petition has been filed challenging the order
                    dated 03.08.2013, passed by the learned Civil Judge (Jr. Division),
                    Kendrapara, in Election Misc. Case No.12 of 2012, rejecting the
                    application of the petitioner for adjournment of the proceeding for
                    production of the witness Renubala Prusty (OPW-8), for her cross-
                    examination.

                                   Learned counsel for the petitioner submits that as the
                    witness Renubala Prusty was ill and had been referred to S.C.B.
                    Medical College and Hospital, Cuttack, for her treatment, as per the
                    Medical Certificate filed before the learned Civil Judge, she was not
                    able to appear on the date fixed for her cross-examination.
                    Accordingly, it is submitted that it was not proper on the part of the
                    learned Court to ignore the same and reject the application of the
                    petitioner for adjournment and expunge the evidence of the said
                    witness (OPW-8) already recorded.

                                   Learned counsel appearing for the opposite party no.1
                    submits that as the petitioner has been seeking adjournment on
                    several dates and avoiding to produce the witness (OPW-8) for her
                    cross-examination and trying to delay the proceeding, learned Civil
                    Judge   was     fully    justified   in   rejecting   the   application   for
                    adjournment and expunging the evidence of OPW-8, already
                    recorded.

                                   Considering     the    submissions     made    and   without
                    expressing any opinion on the merits of the contentions raised and
                    keeping in view the fact that the whole dispute is with regard to
                    cross-examination of OPW-8 and in order to provide another


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                   opportunity, it is directed that the said witness, namely, Renubala
                   Prusty shall appear before the learned Civil Judge on 27.08.2013
                   for her cross-examination. Learned Civil Judge shall proceed with
                   the matter and conclude the same as expeditiously as possible,
                   preferably within three weeks thereafter.

                               Writ petition is accordingly disposed of.

                               Issue urgent certified copy as per rules.


                                                                .............................
                                                                 S.C. Parija, J.

Misc. Case No.17399 of 2013

04. 22.08.2013 In view of the disposal of the writ petition, no order is required to be passed.

Misc. case is accordingly disposed of.

............................. S.C. Parija, J.