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Judgment
11 paragraphs · 376 wordsK.R. Mohapatra, J
This matter is taken up through hybrid mode.
Although this matter was adjourned to 24th August, 2023, but, on being mentioned by learned counsel for the Petitioner, it is proponed and listed today.
The Petitioner in this CMP seeks to assail the order dated 8th February, 2023 (Annexure-5) passed by learned Civil Judge (Senior Division), Jajpur Road in C.S. No. 82 of 2020, whereby an application filed by the Plaintiff-Opposite Party under Order XVI Rule 6 C.P.C. to summon the Tahasildar, Vyasanagar to produce Khatian in respect of the suit land, has been rejected.
Mr. Deo, learned counsel for the Petitioner submits that Khatian (ROR) in respect of the suit land stands recorded in the name of father of Defendant-Petitioner. The Petitioner has also submitted an application before the Tahasildar, Vyasanagar to obtain the certified copy of the same. But, till date, it has not been supplied to him. Thus, in order to avoid further delay, an application under Order XVI Rule 6 C.P.C. was filed to summon the Tahasildar, Vyasanagar to produce the R.O.R. of the suit land.
4.1 It is his submission that although evidence from the side of the Plaintiff has been closed, but, only two witnesses have been examined on behalf of the Defendant-Petitioner. Thus, there is no legal impediment to allow the application under Order XVI Rule 6 C.P.C.
Considering the submission made by learned counsel for the Petitioner and on perusal of the record, it appears that the Petitioner has applied for the certified copy of the R.O.R. on 22 nd November, 2022, which is pending before Tahasildar, Vyasanagar. Without obtaining the certified copy of the same, the Petitioner has filed an application under Order XVI Rule 6 C.P.C. to summon the Tahasildar, Vyasanagar to produce the documents.
Since the Petitioner has opportunity to obtain the certified copy of the R.O.R. in respect of the suit land and produce the same, learned trial Court has committed no error in dismissing the application under Order XVI Rule 6 C.P.C. Hence, this Court finds no infirmity in the impugned order.
Accordingly, the CMP being devoid of any merit stands dismissed.
Urgent certified copy of this order be granted on proper application.
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