Skip to content


State of Orissa Vs. Balaram Panda and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtOrissa High Court
Decided On
Case NumberCivil Revn. No. 308 of 1972
Judge
Reported inAIR1974Ori114; 39(1973)CLT1091
ActsCode of Civil Procedure (CPC) , 1908 - Sections 115
AppellantState of Orissa
RespondentBalaram Panda and ors.
Advocates:R.C. Patnalk, Add. Govt. Adv.
DispositionRevision allowed
Excerpt:
- motor vehicles act, 1988 [c.a. no. 59/1988]section 173(1) proviso; [d. biswas, amitava roy & i.a.ansari, jj] appeal without statutory deposit but within limitation/or extended period of limitation maintainability - held, if the provision of a statute speaks of entertainment of appeal, it denotes that the appeal cannot be admitted to consideration unless other requirements are complied with. the provision of sub-section (1) of section 173 permits filing of an appeal against an award within 90 days with a rider in the first proviso that such appeal filed cannot be entertained unless the statutory deposit is made. the period of limitation is applicable only to the filing of the appeal and not to the deposit to be made. it, therefore, appears that an appeal filed under section 173 cannot..........12.30 p.m. the witness k.n. das is also found absent on calls. as the witness is not present for cross-examination by the plaintiff, his evidence is expunged from record. there is no hazira of any other witness. evidence closed. to 22-8-3972 for argument in the suit' later the government pleader filed an application to give the state an opportunity of examining d. w. 2 so that he would be cross-examined. this was just about 12.30 p. m. after the order of the day had already been passed. the learned munsif rejected that application saving that it did not disclose sufficient ground as to why the witness could not appear till 12.30 p.m. 2. while it is true that courts should be very strict in seeing that witnesses attend courts punctually they must be equally careful to further examine.....
Judgment:
ORDER

G.K. Misra, C.J.

1. Shri K.N. Das, under Secretary, Industries Department (defendant No. 3) was cross-examined in Dart as D. W. 2 on 7-7-1972. The case had been adjourned to 17-8-1972. That day he reached Court sometime after 12.30 p. m. The learned Munsif passed an order on that day to the following effect:

'It is 12.30 p.m. The witness K.N. Das is also found absent on calls. As the witness is not present for cross-examination by the plaintiff, his evidence is expunged from record. There is no hazira of any other witness. Evidence closed. To 22-8-3972 for argument in the suit'

Later the Government pleader filed an application to give the State an opportunity of examining D. W. 2 so that he would be cross-examined. This was just about 12.30 p. m. after the order of the day had already been passed. The learned Munsif rejected that application saving that it did not disclose sufficient ground as to why the witness could not appear till 12.30 p.m.

2. While it is true that Courts should be very strict in seeing that witnesses attend Courts punctually they must be equally careful to further examine whether the temporary absence and coming late to the Court was based on any justifiable grounds. D. W. 2 stated that due to his attending to certain urgent official matters he was somewhat late. There was no justification for the Court to be so rigorous as not to allow further Cross-examination. In my view the Court exercised his jurisdiction with material irregualirity and his order is liable to be set aside.

3. I, accordingly, set aside the impugned order so far as it relates to examination of D. W. 2. The learned Munsif should allow D. W. 2 to be cross-examined by the plaintiff and give an opportunity to the State to examine other witnesses, if any.

4. In the result, the Civil Revision is allowed, but in the circumstances without costs. aS the case is part-heard and has become already old, attempt should be made to dispose of the case quickly.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //