SITAKANTA RATH Vs. JYOTIRMAYEE RATH AND ANR.

JUDGEMENT

(1.) HEARD .

(2.) THIS Revision Application is disposed of at the stage of hearing on admission since the opposite parties have entered appearance. Mr. S.S. Das, Advocate appears for both the opposite parties.

(3.) PETITIONER is the opposite party in Criminal Misc. Case No. 47 of 1997 which is a proceeding under Section 125, Code of Criminal Procedure, presently pending in the Court of J.M.F.C., Bhubaneswar. Petitioner filed an application on 24.8.2000 with a prayer to call for the Admission Register of Godisahi V.P. School, Cuttack to show that opposite party No. 2, Sagarika Rath is a regular student in that school. Similarly, he filed another application dated 30.8.2000 to call for the report of the Process -Server regarding service of the notice on opposite party No. 2, Sagarika Rath through her mother at a particular place. Both the aforesaid evidences were sought to be introduced by calling for the said documents for the reasons of challenging the jurisdiction of the J.M.F.C., Bhubaneswar. Mr. Das, learned Counsel for the opposite parties has said that the dispute relating to jurisdiction has been set at rest in Criminal Revision No. 495 of 1997. Be that as it may, when the Petitioner is desirous for adducing some evidence, there should not be any prohibition when he is legally entitled to do so. Only an attitude to delay the disposal of the case may be safeguarded. Therefore, while setting aside the order of the J.M.F.C., Bhubaneswar in which she rejected the two applications dated 24.8.2000 and 30.8.2000, it is directed that the Petitioner shall produce the authenticated copy of the documents, i.e., Admission Register of Godisahi U.P. School and the report of the Process -Server and it may be admitted on evidence if not objected by the opposite parties or if they admit the same, and in that event calling for such documents shall not be necessary. It is the prerogative of the opposite parties (wife and the daughter) either to admit or to contest on that evidence and therefore in the event they do not admit such documents or object to acceptance of the same as evidence, then if the Petitioner shall file an application afresh to call for such documents and summoning of witnesses to prove such documents, then the concerned Admission Register and the report of the Process -Server in original be called for and named witnesses be summoned.