Smt. Shanta Dawn(Biswas) v. Sri Gopal Chakraborty

Item No. 31 11.07.2023 Court. No. 19 GB C.O. 1650 of 2023 Smt. Shanta Dawn (Biswas) Vs.

Sri Gopal Chakraborty Mr. Rahul Karmakar, Mr. Sourav Guchhait ... for the Petitioner.

Mr. Sudhakar Biswas, Mr. Rajsekhar Basu ... for the Opposite Party.

The prayer for biometrics is not allowed. Apart from the assumption of the petitioner that Gopal Chakraborty who has appeared before the Court and who is adducing evidence as a defendant, is not the same person against whom the suit has been filed, there are no sufficient documents to back up such aspect.

Such fact has not been substantiated by any evidence. The only contention is that the person deposing as Gopal Chakraborty looks drastically different from the actual person. Learned court below upon perusal of all the documents of identification, negated such claim. Hence, the revisional application has been filed.

The worry of the petitioner can be put at rest in this proceeding. The person claiming to be Gopal Chakraborty is present in Court pursuant to the direction of this court. His Aadhar card, pan card and voters card are placed before this court. His personal appearance is recorded by this Court. His appearance is also available in the digital platform, in view of the live streaming of this Court's proceeding. Hence, for all future reference and with regard to all allegations made by the petitioner, reliance may be placed on the live streaming of this court.

The person who has appeared before this Court claims to be Gopal Chakraborty, the defendant in the suit and the same person whose photograph had been produced. Gopal

Chakraborty shall be bound by such undertaking made before this court, before every other forum.

The order impugned is modified to the above extent. Accordingly, the revisional application is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)