Santi Guha And ORS. v. Siba Prasad Guha And ANR.

13.02.2026 Ct. No. 30 S.L. No. 15 SM CO 4284 of 2025 Smt. Santi Guha & Ors.

Versus

Sri Siba Prasad Guha & Anr.

Mr. Soumitra Deb (V/C) .......for the petitioner Mr. Rabindra Narayan Dutta Mr. Sibasis Ghosh Mr. Arka Mukherjee Mr. Soham Banerjee .......for the O.P.

1.

The revisional application has been preferred challenging an order no. 101 dated 13.11.2025 passed by the learned Civil Judge, Senior Division, 1st Court at Barasat, District-North 24 Paraganas in Title Suit No. 17 of 2017 whereby, the Court rejected an application under Section 151 of the Code of Civil Procedure filed by the defendants/petitioner praying for recalling PW-2.

2.

Learned counsel for the opposite party/plaintiff herein/caveator submits that the prayer may be allowed and direction for expeditious disposal may be passed.

3.

On hearing the parties, the revisional application is hereby allowed, on setting aside the impugned order dated 13.11.2025.

4.

Prayer of the petitioner for recall of PW 2 by way of an application under Section 151 CPC before the Trial Court is hereby considered and allowed. PW 2 be recalled before the Trial Court on the next date

positively and examined/cross examined and trial Court shall proceed with the disposal of the suit expeditiously without granting any necessary adjournment to either sides.

5.

Civil Revision stands disposed of.

6.

Applications, if any, connected thereto stand disposed of consequently.

7.

Interim order, if any, stands vacated.

8.

Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]