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Judgment
K.R. Mohapatra, J
This matter is taken up through hybrid mode.
Order dated 24th June, 2023 (Annexure-4) passed by learned 1st Additional District Judge, Mayurbhanj at Baripada in M.J.C. No.29/123 of 2012/05 is under challenge in this CMP, whereby an application filed under Order XII Rule 3 CPC to produce certified copy of a document, has been rejected.
It is submitted by Mr. Routray, learned counsel for the Petitioner that an application under Section 31 of the State Financial Corporation Act, 1951 (for short ‘the Act’) has been filed by the Petitioner, which is pending in the Court of learned 1st Additional District Judge, Mayurbhanj in M.J.C. No.29/123 of 2012/05. During cross-examination of O.P.W.2, the Managing Director of the Odisha State Financial Corporation traced out a document, i.e, certified copy of the permission order dated 24th February, 1984 passed in Misc. Revenue Case No.3 of 1983 by the Collector, Mayurbhanj to construct hotel and residential building. As the said vital document is necessary for proper adjudication of the proceeding under Section 31 of the Act, an application under Order XII Rule 3 CPC was filed by the Petitioner.
It is submitted by learned counsel for the Petitioner that learned 1st Additional District Judge on the ground of delay as well as observing that there is no pleading in respect of the said document in the petition under Section 31 of the Act, rejected the same. Hence, this CMP has been filed.
Upon hearing learned counsel for the Petitioner and on perusal of the record, it appears that the evidence of the Petitioner is already over and the cross-examination of O.P.W 2 is going on. At that stage, an application under Order XII Rule 3 CPC was filed for production of the certified copy of the aforesaid document. There is no explanation, as to how, the said document is essential for just adjudication of the proceeding. Further as rightly observed by learned 1st Additional District Judge, no pleading in respect of the said document is available in the petition under Section 31 of the Act. Although the order was passed in the year, 1984, the same is intended to be filed in the year, 2023 when the cross-examination of O.P.W.2 is going on.
In view of the above, this Court finds that learned 1st Additional District Judge has committed no error in rejecting the petition under Order XII Rule 3 CPC.
Accordingly, the CMP being devoid of any merit stands dismissed.
Urgent certified copy of this order be granted on proper application.
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