Lalatendu Keshari Pradhan vs Ashok Kumar Mishra And Others .... ...
2025 Latest Caselaw 11575 Ori

Citation : 2025 Latest Caselaw 11575 Ori
Judgement Date : 22 December, 2025

[Cites 1, Cited by 0]

Orissa High Court

Lalatendu Keshari Pradhan vs Ashok Kumar Mishra And Others .... ... on 22 December, 2025

Author: B.P. Routray

Bench: B.P. Routray

Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 24-Dec-2025 14:31:06




                                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                     C.M.P. No.1128 of 2025

                            (In the matter of an application under Article 227 of the Constitution of
                            India)

                             Lalatendu Keshari Pradhan                 ....                   Petitioner
                                                                    -versus-
                             Ashok Kumar Mishra and others            ....            Opposite Parties

                            Advocate(s) appeared in this case:-

                                          For Petitioner         : Mr. M. Sinha, Advocate

                                          For Opposite Parties   : None

                                            CORAM: JUSTICE B.P. ROUTRAY
                                                             JUDGMENT

nd 22 December 2025

B.P. Routray, J.

1. Heard Mr. M. Sinha, learned Advocate for the Petitioner. No-

one appears for Opposite Party No.1 despite notice is made sufficient

against him.

2. Present C.M.P. is directed against the order dated 16.07.2025 of

learned Civil Judge (Sr. Divn.), Khurda passed in C.S. No.86 of 2005,

wherein the prayer of the Petitioner to recall order dated 01.07.2025

has been refused.

Signed by: BASANTA KUMAR BARIK

Location: High Court of Orissa, Cuttack Date: 24-Dec-2025 14:31:06

3. Present Petitioner is Defendant No.1(a) and he earlier filed a

petition for sending the signature of original Defendant No.1 (now

deceased) for expert examination. The same having been refused by

the learned trial court, Petitioner filed W.P.(C) No.17252 of 2010 and

this Court vide order dated 06.01.2023 disposed of the said writ

petition directing learned trial court to allow the application of the

Petitioner dated 02.08.2009 for sending freshly available signature of

Defendant No.1 for expert opinion. Thereafter the Petitioner filed

another petition dated 20.03.2025 which was disposed of as not pressed

in absence of Defendant No.1(a) (present Petitioner). He then filed

another petition to recall said order dated 01.07.2025. Learned trial

court upon hearing both the parties and taking note of the order of this

Court dated 06.01.2023 passed in W.P.(C) No.17252 of 2010, rejected

the prayer of the Petitioner to send the signature of original Defendant

No.1 for expert opinion on the ground that Defendant No.1 died in the

meantime.

4. It is true that original Defendant No.1 died long back on

16.12.2010 and this Court while passing the order dated 06.01.2023

(by co-ordinate Bench) was aware of the fact of such death of original

Defendant No.1. This Court, therefore, directed to send the freshly

Signed by: BASANTA KUMAR BARIK

Location: High Court of Orissa, Cuttack Date: 24-Dec-2025 14:31:06

available signature of original Defendant No.1. The operative portion

of the order dated 06.01.2023 reads as follows:-

"xx .. xx .. In the circumstance, this Court finds, the observation of the trial court that there has been repeated approach of the defendant No.l-Petitioner on the self-same issue becomes erroneous. As a consequence, this Court allowing the application of the Petitioner dated 2.08.2009 for sending the signature freshly available for expert opinion, directs the trial court to send the required materials to the OFSL, Rasulgarh, Bhubaneswar for expert opinion at an early date."

5. The learned trial court interpreted the same, as seen from the

impugned order, to opine that upon death of original Defendant No.1,

his fresh signature could not be made available and therefore the prayer

of the Petitioner was rejected. But upon going through the entire order

dated 06.01.2023 of this Court, the essence of order, as found, is that,

to send the latest available signature of Defendant No.1 for the purpose

of expert examination. Therefore, despite the death of original

Defendant No.1 since 16.12.2010, the court has to see if the signature

of said original Defendant No.1 is available as per the prayer of the

Petitioner and proceed accordingly.

Signed by: BASANTA KUMAR BARIK

Location: High Court of Orissa, Cuttack Date: 24-Dec-2025 14:31:06