ANIL KUMAR DAS Vs. ORISSA CEMENT LTD.
HIGH COURT OF ORISSA
ANIL KUMAR DAS
ORISSA CEMENT LTD.
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P.K.Mohanti, J. -
(1.) BOTH the civil revisions have been heard together and will be disposed of by this common judgment as they involve common questions of la wand facts.
(2.) CIVIL Revision No. 492 of 1977 arises out of Money Suit No. 9 of 1972 filed by the opposite party for recovery of a sum of Rs. 95,203 83 as damages against the Petitioner. Civil Revision No. 493 of 1977 arises out of Title Suit No. 25 of 1972 filed by the Petitioner against the opposite party claiming a declaration that the order dismissing him from service is null and void or in the alternative for recovery of a sum of Rs. 33,000/ - as damages for wrongful dismissal. Both the suits were ordered to be heard analogously. On 18 -6 -1975 the opposite party filed applications in both the suits for examination of four witnesses on his behalf on commission under the provisions of Order 26, Rule 4, Code of Civil Procedure. The four witnesses sought to be examined on commission are (1) S.R. Kedia, (2) Brij Ratan, (3) M.H. Dalmia and (4) Haldhar Sharma. The learned Subordinate Judge by his order dated 4 -19 -1975 rejected the prayer for examination of S.R. Kedia and Brij Ratan on commission but allowed the prayer for examination of the other two witnesses on commission at Delhi. Aggrieved by this order, the Petitioner filed Civil Revision Nos. 2 and 3 of 1976 in this Court. By order dated 24 -3 -1977 this Court allowed both the Civil Revisions and remanded the cases for reconsideration of the matter of examination of those witnesses on commission in accordance with law, with special reference to the conditions embodied in the first Proviso to Sub -rule (1) of Rule 4 of Order 26. Code of Civil Procedure. After remand, the opposite party filed a petition alleging that Shri Dalmia and Shri Sharma are material witnesses and their examination is necessary in the interests of justice. The petition was opposed by the Petitioner. The learned Subordinate Judge allowed the prayer for examination of Shri Dalmia and Shri Sharma on commission at Delhi. It is against this order the both the Civil Revisions have been preferred.
(3.) THE learned Subordinate Judge came to the findings that evidence of both the witnesses is necessary in the interests of justice and that under the provisions of Order 16, Rule 19. Code of Civil Procedure they could not be ordered to attend in person to give evidence as they reside outside the local limits of the Court'S ordinary original jurisdiction.;
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