Mira Gupta And ORS. v. Sri Shiv Sankar Jaiswal And ORS.

10.06.2024 Item No.07, ML Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 255 of 2024 Mira Gupta & Ors.

-Vs- Sri Shiv Shankar Jaiswal & Ors.

Mr. Bratin Kumar Dey, Ms. Anjana Banerjee.

......for the petitioners.

Mr. Biswaroop Biswas, Ms. Atreyee De (Ganguly).

.......for the opposite parties.

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

The Additional Court of the learned Civil Judge (Junior Division) at Sealdah, District : 24Parganas (South) is hearing the Ejectment Suit No. 21 of 2004 and the Ejectment Suit No. 22 of 2004 analogously.

The learned Trial Judge by the order dated August 16, 2023 had closed the evidence of D.W. 3 and by the order impugned dated December 19, 2023 has dismissed an application filed by the petitioners for recalling of the said order.

It appears from the record that the crossexamination of the D.W. 3 was deferred repeatedly with an attempt to delay the disposal of the suit, therefore the learned Trial Judge had rightly closed the evidence of the witness no.3 of the defendants and is fully justified in refusing to recall the order closing the evidence of the said witness.

C.O. 255 of 2024 is dismissed without any order as to costs.

Disposal of the aforesaid Ejectment Suits be expedited, and in doing so, the learned Trial Judge shall not entertain the prayer of the parties for unnecessary adjournment.

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.)