Suryakanti Pande vs Pramodini Jhankar And Another
2023 Latest Caselaw 11865 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No.32101 of 2023

        Suryakanti Pande                       ....             Petitioner

                                         Mr. M.K. Mohanty, Advocate
                                   -versus-

        Pramodini Jhankar and another          ....      Opposite Parties

                                 Mr. S.N. Das, Addl. Standing Counsel
                  CORAM: JUSTICE ARINDAM SINHA
                                  ORDER

Order                            03.10.2023
No.
  1.    1.      Mr. Mohanty, learned advocate appears on behalf of petitioner

and submits, his client is opposite party no.1 in the election petition.

She is unwell and therefore, unable to present herself for being

examined. Instead, she has caused filing of evidence of affidavit by

one Sudhansu Sekhar Mishra. Due to opposite party no.1 (petitioner in

the election petition) having had insisted upon examination of his

client first, the Court below is not likely to allow further adjournment.

In the circumstances, his client is likely to be denied opportunity to

adduce evidence. He wants to rely on view taken by several judgments

on scope and effect of rule 3A in order XVIII, Code of Civil

Procedure, 1908.

2. Mr. Das, learned advocate, Additional Standing Counsel

// 2 //

appears on behalf of State.

3. Court is not inclined to direct issuance of notice. Instead

petitioner is directed to appear before the Court below and apply for

there being order on reasons recorded for the other party witness to be

examined first. This Court is making this direction because the petition

does not disclose medical documents of petitioner. Such documents

may be disclosed before the Court below for order to be made in the

application, if made on adjourned date, failing which the Court below

will proceed with the trial in accordance with law.

4. The writ petition is disposed of.

(Arindam Sinha) Judge

Jyoti

Signature Not Verified Digitally Signed Signed by: JYOTIPRAVA BHOL Reason: Authentication Location: HIGH COURT OF ORISSA Date: 03-Oct-2023 17:45:18