Orissa High Court
Sri Amaresh Sarkar vs Cuttack Durgabari Samity on 9 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
C.M.P. No. 521 of 2025
Sri Amaresh Sarkar ..... Petitioner
Ms. Sujata Sahoo, Advocate
Mr. S.S. Mohapatra, Advocate
-versus-
1. Cuttack Durgabari Samity, ..... Opp. Parties
Cuttack
2. State of Odisha represented
through the Collector, Cuttack
3. The Tahasildar, Cuttack Sadar,
Cuttack
4. Rameswar nath Suthoo
5. Ashok Kumar Pandit
6. Arvind Pandit
7. Arnapurna @ Annapurna Shak
8. Anusaya Masharam
Mr. Jateswar Nayak, AGA
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
09.04.2025
Order No. (Through hybrid mode)
02.
1. This CMP has been filed by the petitioner who is the plaintiff
in C.S. No. 424 of 2022 and defendant no.3 in Civil Suit No. 09 of
2011 which by order dated 14.03.2023 passed by the learned District
Judge, Cuttack in TRP (Civil) No. 06 of 2022 have been directed to
be heard analogously so as to deliver a common judgment in both
the suits.
2. The petitioner is aggrieved by the impugned order the
application of the plaintiffs in C.S. No. 09 of 2011 to adduce
evidence if necessary in C.S. No. 424 of 2022 after completion of
evidence of the present petitioner (plaintiff in C.S. No. 424 of 2022)
has been allowed.
3. Ms. Sujata Sahoo, learned counsel for the petitioner submits
that pursuant to the order of transfer both the suits have been heard
analogously and while adducing evidence, plaintiff in C.S. No. 9 of
2011 (P.W.1) has stated that he is deposing on behalf of the
plaintiff-Society in C.S. Case No. 9 of 2011 and as defendant no.1 in
C.S. No. 424 of 2022, but in order to delay disposed of the suits has
filed the application resulting in the impugned order.
4. In support of her submissions that the application for adducing
further evidence could not have been allowed. She relies on the
decision of the Supreme Court in the case of Chitivalasa Jute Mills
vrs. Jaypee Rewa Cement reported in (2004) 3 SCC 85 wherein at
paragraph 12, the Supreme Court has held that:
"Consolidation of suits is ordered for meeting the ends of
justice as it saves the parties from multiplicity of
proceedings, delay and expenses. Complete or even
substantial and sufficient similarity of the issues arising for
decision in two suits enables the two suits being consolidated
for trial and decision. The parties are relieved of the need of
adducing the same or similar documentary and oral evidence
twice over in the two suits at two different trials. The
evidence having been recorded, common arguments need be
addressed followed by one common judgment. However, as
the suits are two, the Court may, based on the common
judgment, draw two different decrees or one common decree
to be placed on the record of the two suits. This is how the
Trial Court at Visakhapatnam shall proceed consequent upon
this order of transfer of suit from Rewa to the Court at
Visakhapatnam."
5. After going through the above decision, I find that the Court
has not prohibited the parties from adducing evidence in the two
suits separately but has held that by consolidating the two suits for
trial and decision, the parties are relieved of the need of adducing the
same or similar documentary evidence and oral evidence twice over
in the two suits at two different trials.
6. However, considering the submission of the learned counsel
for the petitioner that the application has been filed only for the
purpose of delaying the disposal of the two suits, I am inclined to
issue notice in the case.
7. Issue notice on the question of admission to the opposite
parties indicating therein that the matter shall be disposed of at the
stage of admission.
8. Notice on behalf of opposite parties no.2 and 3 is accepted by
Mr. Jateswar Nayak, learned Additional Government Advocate.
9. Requisites for issuance of notice to the opposite parties no.1,
4, 5, 6, 7 and 8 through Registered Post/Speed Post with A.D shall
be filed by 15.04.2025. The notice shall be made returnable within
four weeks.
10. List this case on 24.06.2025.
11. Ms. Sujata Sahoo, learned counsel for the petitioner submits
that the case is posted to 15.04.2025 for recording of the evidence of
the petitioner.
12. Issue notice as above.
13. One set of process fee shall be accepted.
14. The petitioner is at liberty to file an application for
adjournment bringing to the notice of the Court that this CMP is
posted to 24.06.2025. If such an application is filed, the same shall
be considered keeping in view the next date of posting of this CMP.
15. Issue urgent certified copy as per rules.
(Savitri Ratho)
Judge
puspa
Signed by: PUSPANJALI MOHAPATRA
Designation: Personal Assistant
Reason: Authentication
Location: Orissa High Court
Date: 10-Apr-2025 19:49:29
