Location: High Court of Orissa, Cuttack

Date: 29-Sep-2025 12:43:03

IN THE HIGH COURT OF ORISSA AT CUTTACK

C.M.P. No.951 of 2025

(In the matter of an application under Article 227 of the Constitution of

India)

Ashalata Nayak …. Petitioner

-versus-

Parikhita Swain and others …. Opposite Parties

Advocate(s) appeared in this case:-

For Petitioner : Mr. A.P. Bose, Advocate

For Opposite Parties : Mr. A.C. Mohapatra, Advocate

For O.P. No.1

CORAM: JUSTICE B.P. ROUTRAY

JUDGMENT

23^rd September 2025

B.P. Routray, J.

1. Heard Mr. A.P. Bose, learned Advocate for the Petitioner and

Mr. A.C. Mohapatra, learned Advocate for Opposite Party No.1.

2. Present Petitioner is Defendant No.17 in C.S. No.265 of 2004, who has been set exparte. She challenges the order dated 17.05.2025 passed by the learned Senior Civil Judge (LR & LTV), Kendrapara, wherein the prayer of Defendant No.25 to adduce Defendant No.17 as his witness and to examine her at the first instance in terms of Rule 3-A

of Order 18, C.P.C. has been refused.

Location: High Court of Orissa, Cuttack Date: 29-Sep-2025 12:43:03

3. It is submitted on behalf of the Petitioner, who is Defendant No.17 in the suit, that even if she has been set exparte, her right to be e