Mata Prasad Shaw v. Sudama Debi

sandip Ct. 18 16.11.2021 C.O. No. 365 of 2021 (Via Video Conference) Mata Prasad Shaw Vs.

Smt. Sudama Debi Mr. Abhijit Roy, Mr. Rajib Ray ... For the petitioner. Mrs. Shohini Chakraborty ... For the opposite party. Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The defendant in a suit for ejectment being Ejectment Case No. 23 of 2014 pending before the 1st Court of learned Civil Judge (Junior Division) at Sealdah is the petitioner of the present application under Article 227 of the Constitution of India. The learned Trial Judge is deciding an application filed by the petitioner in the said suit under Section 7(2) of the West Bengal Premises Tenancy Act, 1997. The learned Trial Judge, being dissatisfied with the repeated default on the part of the petitioner to produce his second witness in the said proceeding has closed the evidence of the said witness by the order impugned dated January 28, 2021.

The conduct of the petitioner is highly blemished, however, for the ends of justice, the petitioner is permitted to produce his said witness on the next date fixed in the said proceeding subject to payment of

costs of Rs. 5,000/- to the plaintiff/opposite party to be paid before the said next date.

It is made clear that the petitioner shall get only one opportunity to produce his said witness on the said date and it is expected that the plaintiff shall conclude the cross-examination of the said witness on the said date itself.

In the event the evidence of the said witness cannot be concluded on the said date for any unavoidable reason, the learned Trial Judge is requested to conclude the evidence of the said witness on the next available working day of the said Court.

C.O. 365 of 2021 is disposed of with the above terms without any order as to costs.

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

(Biswajit Basu, J.)