Nasir Ansary And ORS. v. The President, Santaldih College Committee Governing Body And ORS.

24.09.2024 (D/L-17) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 3414 of 2024 Nasir Ansary & Ors.

-Vs- The President, Santaldih College Committee Governing Body & Ors.

Mr. D. N. Chatterjee, Mr. M. S. Mandal, ... For the Petitioners.

The plaintiffs in a Suit for declaration of title and other consequential reliefs are the petitioners of the instant application under Article 227 of the Constitution of India, which is directed against order No. 114 dated September 19, 2023 passed by the learned Civil Judge (Junior Division) at Raghunathpur, District: Purulia in the said suit being Title Suit no. 67 of 2010.

The learned Trial Judge by the order impugned dated September 19, has dismissed an application filed by the plaintiffs for recalling of P.W-I.

The plaintiffs are praying recall of the said witness to prove that the said witness is the son of Hanif Ansary.

The issue on which the plaintiffs intend to cross-examine the P.W.I is the main issue in the suit. The said witness after examination and cross-

examination was discharged on September 16, 2022.

Under the aforesaid circumstances, the learned Trial Judge is absolutely justified in refusing the prayer of the plaintiffs.

The order impugned therefore does not call for any interference.

C.O. 3414 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 copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)