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Calcutta High CourtCO/2745/2024dismissed

Debashis Chakraborty v. Samir Chandra Chandra And ORS

2024-08-01Hon'Ble Justice Biswajit Basu1 pages

01.08.2024 (D/L-14) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 2745 of 2024 Debashis Chakraborty -Vs- Sri Samir Chandra Chandra & Ors.

Mr. C. R. Chakraborty, Ms. Puspa Rani Jaiswara, ... For the Petitioner.

The defendant in a suit for ejectment is the petitioner of the instant application under Article 227 of the Constitution of India which is directed against the order No. 40 dated July 15, 2024 passed by the 2nd Court of learned Civil Judge (Junior Division), Alipore, District-24-Parganas (South), in the said suit being Title Suit No. 139 of 2009. The learned Trial Judge by the order impugned has refused the prayer of the petitioner to recall the P.W-I for further cross-examination.

The petitioner has already cross-examined the P.W-I at length, in view of the long pendency of the suit since 2009, the learned Trial Judge is absolutely justified in not affording further opportunity to the petitioner to cross-examine the first witness of the plaintiff.

The learned Trial Judge is requested to expedite the disposal of the suit.

C.O. 2745 of 2024 is thus dismissed with 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.)