Ganga Mondal And ORS v. Sankar Mondal And ORS

10.06.2024 Item No.29, ML Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 112 of 2024 Smt. Ganga Mondal & Ors.

-Vs- Sankar Mondal & Ors.

Mr. Partha Pratim Roy, Mr. Sarbananda Sanyal, Mr. Dyutiman Banerjee.

......for the petitioners.

Affidavit of service filed on behalf of the petitioners be kept with the record.

None appears on behalf of the opposite parties in spite of service.

The instant revisional application under Article 227 of the Constitution of India is at the instance of the defendants in a suit for partition and is directed against the order no. 21 dated January 08, 2024 passed by the learned Civil Judge (Senior Division), Tehatta, District : Nadia in the said suit being Title Suit No. 136 of 2020. The defendants intended to cite one Bhagirath Mondal as a witness(D.W.1) on their behalf .

The learned Trial Judge by the order impugned has refused to accept the evidence-inchief of the said witness on the ground that it has travelled beyond the pleadings and has directed to file a fresh evidence-in-chief of the said witness.

Mr.

Roy, learned advocate for the petitioners submits that the learned Trial Judge did not specify which portion of the evidence-inchief of the said witness has travelled beyond the pleadings.

The order impugned does not specify the defect in the evidence-in-chief of the D.W.1, such specification is necessary for rectification in the fresh evidence-in-chief of the said witness directed to be filed.

The order impugned, therefore is set aside.

The learned Trial Judge shall consider the evidence-in-chief of the D.W.1 afresh and if the same is not accepted for traveling beyond the pleadings, shall specify which portion of it has so travelled.

The exercise in this regard is required to be completed within a period of two weeks from the date of communication of this order.

C.O. 112 of 2024 is disposed of with the above terms without any order as to costs.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)