Archana Maity v. Deb Prasad Das

S/L 8 14.6.2024 Court No.19 SD

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO 1830 of 2024 Smt. Archana Maity Vs.

Sri Deb Prasad Das Mr. Dyutiman Banerjee Ms. Dolan Samanta ... for the Petitioner.

The revisional application under Article 227 of the Constitution of India is at the instance of the defendant in a suit for ejectment and is directed against the order dated April 15, 2024 passed by the learned Judge, 4th Bench, Presidency Small Causes Court at Calcutta in the said suit being Ejectment Suit No.620 of 2011.

The Ejectment Suit is pending since 2011. The evidence of the first witness of the defendant was directed to be recorded on commission but the said witness had repeatedly deferred recording of his deposition, ultimately the Commissioner has filed a report before the learned Trial Judge to the said effect.

The learned Trial Judge, under such circumstances has rightly closed the evidence of the said witness. This Court does not find any illegality and/or infirmity in the order impugned warranting interference.

CO 1830 of 2024 is therefore dismissed without any order as to costs.

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

Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Biswajit Basu, J.)