LAKSHMAN PRASAD MISHRA Vs. STATE OF ORISSA AND ORS.
HIGH COURT OF ORISSA
Lakshman Prasad Mishra
State of Orissa and Ors.
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R.N. Misra, J. -
(1.) THE Petitioner, a tenant, in respect of a building located at Sambalpur, has applied for quashing the order dated 11 -10 -1971 passed by the House Rent Controller refusing to examine a doctor on commission. Against the Petitioner -tenant, a proceeding for eviction was taken and an ex parte order of eviction has peen obtained. He has applied for restoration of the proceeding by vacating the final order on the plea that he was ill, and his illness he wants to establish by examining the doctor in question. Admittedly the doctor remains beyond the local limits of the jurisdiction of the House Rent Controller, because, the Controller is at Sambalpur and the doctor lives at Champa in the district of Bilaspur in Madhya Pradesh. As it appears that place is connected by railway train and the total distance is not beyond 200 miles.
(2.) THE learned House Rent Controller, in exercise of his discretion, has refused to issue commission for examination of this is witness. We are not prepared to interfere with his discretion in exercise of our extraordinary jurisdiction. Besides it is open to the Petitioner to take steps for summoning the doctor and on his failure to attend Court, coercive action can also be taken to secure his attendance. Order 16, Rule 19, Code of Civil Procedure would not stand as a bar to such action. We accordingly decline to interfere with the order passed by the House Rent Controller, Sambalpur and the petition is accordingly dismissed. No costs.
(3.) I agree.;
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