Advocates:
['M/S S K SANGANERIA', '', 'S NATH', 'S ROUT', 'DEBAJYOTI CHATTERJEE', '', 'S P MISHRA', 'S DAS', 'M/S DILLIP RAY', 'K B MISHRA']

CMP No.1132 of 2015

7. 22.03.2016 Petitioner in this CMP assails the order dated 21.08.2015 pass

ed by the learned Civil Judge (Senior Division), 1st Court, Cuttack in CMA No.424 of 2010 aris

ing out of Execution Case No.42 of 2010.

2. It is the case of the petitioner that he has filed a petition on 23.07.2015 se

eking permission to examine opposite party No.1(a), namely, Divesh Meheta as a witness on his

behalf to bring on record the correct status of legal heirs of deceased opposite party No.1.

He further wanted the family history of Benilal Meheta on record from the mouth of opposite pa

rty No.1(a). The said petition having been rejected is under challenge in this CMP.

3. Heard Mr.S.K. Sanganeria learned counsel for the petitioner, Mr.Dillip Ray, le

arned counsel for opposite parties 10 to 14 and Mr.D. Chatterjee, learned counsel for opposite

party No.20. Perused the case record as well as the impugned order. Law is well-settled that

the petitioner cannot compel any opposite party to be examined as a witness on his behalf, but

when the Court feels that examination of such witness is essential to prove certain facts