Ramakanta Bisoi @ Bishoi vs Sanjukta Bisoi And Others .... ...
2025 Latest Caselaw 3377 Ori

Orissa High Court

Ramakanta Bisoi @ Bishoi vs Sanjukta Bisoi And Others .... ... on 12 August, 2025

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 12-Aug-2025 19:21:32


                                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                CMP No.395 of 2025


                              Ramakanta Bisoi @ Bishoi                  ....         Petitioner
                                                                       Mr.N.C.Jena, Advocate
                                                         -versus-
                              Sanjukta Bisoi and others              ....         Opp.Parties
                                              Ms.B.L.Tripathy, Advocate for O.P.No.10 & 11

                                         CORAM:
                                         SHRI JUSTICE B. P. ROUTRAY
                                                      ORDER

12.8.2025 Order No.

3. 1. Heard Mr.Jena, learned counsel for the Petitioner and Ms.Tripathy, learned counsel for Opposite Parties 10 & 11.

2. Present CMP is directed against the impugned judgment dated 10.1.2025 wherein the prayer of the plaintiff under Order 26 Rule 9, CPC has been rejected. The Petitioner being the plaintiff filed the suit praying for declaration of right title interest and confirmation of possession as well as for permanent injunction against the State- Opposite Parties. It is the claim of the plaintiffs that they are in possession of the suit land since 1950 and staying there constructing thatched and asbestos houses thereon. Both parties have completed their evidence and the suit is fixed for argument. At this stage, findings that the State defendants have denied construction of any house over the suit land while disputing the possession of the plaintiff over the same, the plaintiff filed the petition under Order 26 Rule 9, CPC with questionnaires to inspect about details of persons physically

Signed by: CHITTA RANJAN BISWAL

Location: Orissa High Court, Cuttack Date: 12-Aug-2025 19:21:32

possessing the suit land and details of constructions existing over the suit land along with approximate duration of construction.

3. It is true that the power of the Court under Order 26 Rule 9, CPC is wide and discretionary, but the same cannot be used to collect evidence for the purpose. In the instant case, when the evidence from both sides have been led and closed with regard to possession over the suit property and construction of houses thereon, the prayer of the plaintiff for appointment of Commissioner to find out such questionnaires relating to possession and existence of houses, would in the opinion of the Court amount to collection of evidence on the part of the plaintiff. As such, no merit is seen on the prayer of the Petitioner and the CMP is dismissed.

( B.P. Routray) Judge

C.R.Biswal