WP(C)/11172/2021
2021 Latest Caselaw 4787 Ori

                              W.P.(C) NO.11172 OF 2021




02.   07.04.2021                This matter      is taken up       by video
                   conferencing mode.
                                Heard Mr. Joshi, learned counsel for the
                   petitioner and learned counsel for the caveator.
                                The present writ application has been
                   filed challenging the order dated 18.03.2021 passed
                   by the learned Addl. Civil Judge, (Junior Division),
                   Kantabanji-cum-Election Tribunal, in rejecting a
                   petition filed by the present petitioner under Order-
                   16, Rules- 1 & 3 CPC for examining the then
                   Registrar of Birth & Deaths-cum-Executive Officer,
                   NAC, Kantabanji Sri Santosh Behera as witness.
                                It is submitted by learned counsel for
                   the   caveator   that   the   matter   is   adjourned   to
                   tomorrow for pronouncement of the Judgment.
                                The    present issue,     if   found   to be
                   relevant, can be raised in appeal also. However, the
                   Birth & Death Certificate is a public document. The
                   entry in the Register is maintained by a person, who
                   is a public officer. There is no need to examine the
                   person, who had made the entry at the relevant time
                   that too in such a belated stage of the proceeding.
                   I completely agree with the reasons given by the
                   learned Election Tribunal in it's order.
                        The   writ   application   is   accordingly
        disposed of.
                       As the restrictions due to the COVID-19
        situation are continuing, learned counsel for the
        parties may utilize a soft copy of this order available
        in the High Court's website or print out thereof at par
        with the certified copy in the manner prescribed, vide
        Court's Notice No.4587, dated 25th March, 2020.


                                     ...............................
                                       C.R. Dash, J.

Subha