Romath Kumar Swain v. Manas Ranjan Satpathy

CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 19.03.2026

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner. Perused the CMP application as well as the prayer made therein.

By filing the present CMP application under Article 227 of the Constitution of India, the Plaintiff in C.S. No.802 of 2018 pending in the Court of learned Civil Judge (Senior Division) 3rd Additional Court, Cuttack has approached this Court challenging order dated 30.10.2025 passed by the aforesaid Court.

Learned counsel for the Petitioner at the outset contended the Petitioner, as Plaintiff, filed a suit for specific performance of the contract. He further contended that while the Page 1 of 4. evidence from the side of the Plaintiff was being recorded, an application was moved to examine P.W.3 through a Court appointed Commissioner. In support of his contention, learned counsel for the Petitioner contended that the P.W. No.3, who is ailing at the moment, is unable to attend the Court and participate in the Court proceeding for recording of his evidence. In course of his argument, learned counsel for the Petitioner, drawing attention of this Court to the petition filed by the Plaintiff at Annexure-3, stated before this Court that it has been clearly mentioning in such application that the P.W. No.3 was ailing. On perusal on such application it appears that the Plaintiff has taken an averment that the P.W. No.3 is ailing due to old age related diseases like high blood pressure and pulmonary related diseases. As such it has been stated that he is unable to appear before the Court for recording of his evidence. He further contended that the learned trial Court vide order dated 30.10.2025 at Annexure-5 rejected the prayer of the Plaintiff for examination of P.W.3 through a court appointed Commissioner on the ground the medical documents filed by the Plaintiff in support of his contention does not indicate that the Plaintiff is unable to move and attend the Court. On such ground, learned counsel for the Petitioner contended impugned order dated 30.10.2025 unsustainable in law and, as such, the same is liable to be set aside.

Having heard learned counsel for the Petitioner on a careful examination of the CMP application as well as the documents annexed thereto, further on a close scrutiny of order dated

30.10.2025 at Annexure-5 and the petition at Annexure-3, this Page 2 of 4. Court found that the Petitioner has approached this Court challenging rejection of his application at Annexure-3 to the CMP application by the learned trial Court. On perusal of the impugned order dated 30.10.2025, this Court observed that the learned trial Court, on a close scrutiny of the medical documents filed before it, has come to a conclusion that on the basis of the medical report filed on behalf of the Plaintiff it appears that the P.W. No.3 has been diagonized with mild cough, mild throat pain and body ache and that nowhere in the report does it suggest any impairment on the part of the witness to move from one place to another. On the basis of the medical documents produced before the learned trial Court, the learned trial Court has come to a conclusion that the medical documents does not clearly indicate that the P.W. No.3 is unable to move from one place to other and to attend the Court proceedings. Accordingly, the learned trial Court has rejected the application of the Plaintiff. On a careful analysis of the impugned order, this Court is of the view that the learned trial Court has not committed any illegality in rejecting the prayer of the Petitioner. However, taking into consideration the medical documents filed along with the present CMP application which reveals that the Petitioner has some cardiac issue, this Court grants another opportunity to the Petitioner to file a fresh application before the learned trial Court along with all the medical reports in support of his contention within a period of two weeks. In such eventuality, the learned trial Court shall pass necessary order thereon as expeditiously as possible after taking into consideration the latest medical report of the P.W. No.3. Page 3 of 4.