Advocates:
['KALINGA KESHARI MOHAPATRA', '', 'B DAS', 'S K MOHAPATRA', 'P M PALATASINGH', 'U K MOHAPATRA', 'M/S AJIT KUMAR TRIPATHY', 'P K NAYAK', 'P KARCAVEATOR']

Page 1 of 2

IN THE HIGH COURT OF ORISSA AT CUTTACK

C.M.P. No.3 of 2022

Ananda Kumar Agarwal

&.

Petitioner(s)

Mr. K.K. Mohapatra,

Advocate

-versus-

Rajabala Agarwal

&.

Opposite Party(s)

Mr. A.K. Tripathy,

Advocate

CORAM:

JUSTICE BISWANATH RATH

Order No.

ORDER

25.02.2022

02.

1.

This matter involves a challenge to the order allowing an

application U/o.26 rule 9 of C.P.C. thereby directing to have

inspection and for submission of report through Court Commissioner

on the issue involved herein.

2.

Considering the rival contentions of the parties and going

through the provision at Order 26 rule 9 of C.P.C. this Court finds,

there must be contingency existing requiring such application of

provision at Order 26 rule 9 of C.P.C upon the parties entering into

argument and satisfying the Court that the pleadings read together

with the evidence so far as available unable to resolve the dispute

raised in the application U/o.26 rule 9 of C.P.C. Undisputedly the

application was moved and considered even before closure of

evidence of both the parties. It is at