Nepal Biswas And ORS v. Anita Biswas And ANR

14.08.2024 Item No.13 DL Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 2664 of 2024 Nepal Biswas & Anr.

-Vs- Anita Biswas & Anr.

Mr. D.N. Chatterjee, Mr. Ramkrishna Biswas, Mr. Santanu Mondal.

......for the petitioners.

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

None appears on behalf of the opposite parties in spite of service.

Mr. D.N. Chatterjee, learned advocate for the petitioner submits that the learned advocate Mr. Mityun Karmakar, in compliance with the direction passed this Court on August 08, 2024, has already filed affidavit tendering his apology to the learned Trial Judge on June 06, 2024.

The defendants in a suit for compensation are the petitioners of the instant application under Article 227 of the Constitution of India.

The said suit being Money Suit No. 3 of 2019 is pending before the learned Civil Judge (Senior Division) at Ranaghat, District: Nadia.

The learned Trial Judge by the order impugned being Order No.20 dated June 06, 2024 has closed the evidence of P.W.2 without allowing the defendants to complete their cross-examination.

It appears that such situation arose due to the conduct of the learned advocate for the defendants in the Court below on the said date; the issue since has been resolved, an opportunity is afforded to the defendants to complete the cross-examination of the P.W.2 on the next date fixed in the suit.

To facilitate the said exercise, the order impugned is set aside.

Mr.

Chatterjee informs this Court that September 18, 2024 is the next date fixed in the suit. The learned Judge, on the said date, shall allow the defendants to cross-examine the P.W.2, but such cross-examination must be concluded on the same date; in default, the evidence of the said witness shall stand closed.

C.O. 2664 of 2024 is disposed of with the above observations 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 copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)