Jaya Chanda Das v. Pritam Chanda

sandip Ct. 19 26.07.2024 In The High Court At Calcutta Civil Revisional Jurisdiction (Appellate Side) C.O. 2589 of 2024 Smt. Jaya Das (Chanda) Vs.

Sri Pritam Chanda Ms. Jeenia Rudra, Ms. Shipra Naskar ... For the petitioner. Mrs. Shohini Chakraborty, Ms. Prajaaini Das ... For the opposite party. Mrs. Shohini Chakraborty, learned advocate appears on behalf of the opposite party and waives formal service of notice upon her client, a copy of the application be served upon her. The wife, the respondent in Matrimonial Suit No. 14 of 2019 is the petitioner of the instant application under Article 227 of the Constitution of India, which is directed against Order No. 104 dated June 29, 2024 passed by the 1st Court of learned Additional District Judge at Balurghat, District - Dakshin Dinajpur in the said suit.

The learned Trial Judge by the order impugned has closed the evidence of the husband (P.W.1) for the failure of the petitioner to cross-examine the said witness.

This Court is informed that August 20, 2024 is the next date fixed in the said suit.

In view of the nature of the suit, this Court is inclined to give one last chance to the petitioner to cross-examine the P.W.1, to facilitate it the order impugned is set aside. The petitioner is permitted to cross-examine the P.W.1 on the said date and shall conclude such cross-examination on the said

date itself, in default, the evidence of the said witness shall stand closed again.

In the event for any unavoidable reason, such crossexamination could not be taken up on the said date, it must be done and concluded on the following available date. C.O. 2589 of 2024 is disposed of with the above terms without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court.

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.)