Mahamood Alam v. Golam Rasul Ansari

15.03.2022 (S/L-23) Ct.-18 (Susanta) C.O. 3866 of 2019 Mahamood Alam @ Mahmood Alam -Vs- Golam Rasul Ansari Mr. Sanjib Seth, .... For the Petitioner.

The revisional application under Article 227 of the Constitution of India is at the instance of the defendant in a suit for eviction of trespasser and is directed against order dated July 26, 2019 passed by the 3rd Court of learned Civil Judge (Junior Division), Howrah in the said suit being Title Suit No. 56 of 2013.

In course of his evidence the plaintiff tendered one document, the petitioner objected to the admission of it on the ground that the plaintiff is neither the executant of the said document nor has any nexus with it.

The learned Trial Judge by the order impugned has marked the said document as Exhibit-1 after noting the objection of the petitioner and decided to consider the said objection at the time of final hearing of the suit. The learned Trial Judge has adopted the exact course for consideration of the said objection.

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

C.O 3866 of 2019 is dismissed with the above terms without any order as to costs.

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.)