Kiranlal Gorai v. Sabita Garai And ANR

11.09.2024 (D/L-19) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 3123 of 2024 Sri Kiranlal Gorai -Vs- Smt. Sabita Garai & Anr.

Mr. Dilip Kumar Chatterjee, Mr. Durga Bhusan Mukherjee, ... For the Petitioner.

The affidavit-of-service filed on behalf of the petitioner be kept with the record.

In spite of service, none appears on behalf of the opposite parties/caveators.

The plaintiff in a suit for declaration of title and injunction is the petitioner of the instant revisional application under Article 227 of the Constitution of India which is directed against order No.127 dated August 01, 2024 passed by the 2nd Court of learned Civil Judge (Junior Division), Bankura, in the said suit being Title Suit No. 09 of 2013.

The plaintiff had prayed for recalling his witness to prove the photocopy of the Bainama Patra dated April 16, 1994 which was marked as 'X' for identification.

The learned Trial Judge considering that the suit is at the stage of argument has refused the said prayer of the plaintiff.

This Court does not find any illegality and/or infirmity in the order impugned warranting interference.

C.O. 3123 of 2024 is dismissed for the aforesaid reason(s) 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.)