Salil Bose v. Ramendra Nath Bose

05.03.2021 Sl. No. 17 srm C.O. No. 195 of 2020 Sri Salil Bose Vs.

Sri Ramendra Nath Bose Mr. Amalesh Das, Ms. Mousumi Bhowal ...for the Petitioner.

Mr. Arnab Roy ...for the Opposite Party.

This revisional application has been filed challenging an order dated December 20, 2019 passed by the learned Civil Judge (Senior Division), 2nd Court, Barasat in Title Suit No.127 of 2002.

A staff from the office of the Block Land and Land Reforms Officer, Barrackpore was summoned as DW2 in the proceeding to depose. It appears that the said staff failed to produce a proper authorisation letter from the office of the Block Land and Land Reforms Officer. Thus, the learned Court below did not allow the said witness to depose. Aggrieved by the aforementioned order, this revisional application has been filed.

In my opinion, justice would be sub-served if one last chance is given to the defendant to examine an official from

the office of the Block Land and Land Reforms Officer on the next date to be fixed by the learned Court below. It is made clear that the said official shall carry an authorisation letter from the office of the Block Land and Land Reforms Officer on that day, while deposing on behalf of the defendant. The plaintiff will have a chance to cross-examine the said witness.

The learned Court below is requested to proceed with the suit expeditiously in view of the age of the suit. This court has not entered into the merits of the case and the learned court below will proceed independently.

With the above observation, the revisional application is disposed of.

There will be, however, no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)