Biranchi Meswa (Since Dead) vs Betikhai Bewa
2025 Latest Caselaw 3217 Ori

Orissa High Court

Biranchi Meswa (Since Dead) vs Betikhai Bewa on 7 August, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                          RSA No. 315 of 2022

            Biranchi Meswa (since dead)               .....                             Appellant
            Chaturbhuja Mesua and
            another
                                                                    Mr.D.P.Mohanty, Advocate

                                                      -Versus-
            Betikhai Bewa                             .....                           Respondent

                                                                           Mr. B. Das, Advocate

                                          CORAM:
                         THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
                                                       ORDER

07.08.2025

Order No. 1. This matter is taken up through hybrid mode.

22. 2. Heard Mr. D.P. Mohanty, learned counsel for the appellants.

3. Perused the impugned judgments. Considering the submissions made and the grounds raised, the second appeal is admitted on the following substantial question of law.

"A. Whether the learned lower appellate Court is correct, as disclosed in paragraph 19 of the impugned Judgment, in coming to a conclusion that none of the evidence except the D.Ws examined on the side of the Defendant is admissible under Section 50 & 60 of the Evidence Act and thus coming to a general conclusion that the same are either inadmissible or unreliable?

B. Whether the learned court below is correct in accepting the document under Ext.A i .e. the Voter list, a self-serving document, merely because the same was marked without objection, ignoring the fact that the contents of the same was specifically challenged to be manufactured, in the cross- examination of witness D.W.-1?

C. Whether the learned court below is correct in accepting the document under Ext.B i.e. the certified copy of the Judgment in a proceeding under Section 125 Cr.P.C. to be a decisive factor so far as the question of the relationship between the Plaintiff and the Defendant is concerned"

Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-Aug-2025 10:49:51

4. No notice need be issued as the respondent has already entered appearance. Let a copy of the appeal memo be served upon him.

5. Call for the LCR.

4. List this matter in the week commencing 13th October, 2024.

(Sashikanta Mishra) Judge

A.K. Rana

Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-Aug-2025 10:49:51