R.P. SASTRI Vs. SMT. KESHARI DEVI AND ORS.
HIGH COURT OF ORISSA
Smt. Keshari Devi And Ors.
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G.K. Misra, J. -
(1.) PLAINTIFFS -opposite parties brought a suit for recovery of money on the basis of a handnote. The Defendant denied execution. The promissory note was sent to an expert by the trial Court who submitted a report supporting the case of the Defendant. None of the parties examined the expert as witness. The trial Court dismissed the Plaintiff 's suit. Against it, the Plaintiffs came up in appeal. The learned District Judge remanded the case for sending the promissory note again to an expert with some contemporaneous signature of the Defendant. The document was sent to the same expert who adhered to his view that the promissory note did not bear the signature of the Defendant. The expert was not examined by either party again. On this occasion the trial Court decreed the suit on the materials on record. The Defendant filed an appeal. The learned lower Appellate Court has again remanded the case giving a direction that the Defendant should examine the expert at his own expense. It is against this remand order that the civil revision has been filed.
(2.) THE learned lower Appellate Court has shirked its responsibility in not disposing of the case finally. The position of law is well settled that a party is to choose his own witness. It is always open to the Court to examine a particular witness as a Court witness if it so chooses. In this case the Defendant does not propose to examine the expert as a witness even though the report of the expert was in his favour. The Defendant cannot be compelled to examine the expert as a witness. The learned Subordinate Judge exercised his jurisdiction illegally and with material irregularity in giving a direction that the Defendant should examine the expert at his own expense. In the result, the judgment of the learned Additional Subordinate Judge is set aside and the civil revision is allowed. The lower Appellate Court is directed to dispose of the appeal on the materials on record and finally dispose of the case. There will be no order as to costs.;
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