Smt.Chandrani Sengupta v. Sudipta Dutta

Item 28.03.

IN THE HIGH COURT AT CALCUTTA

No.

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE Ct CO 4374 of 2023 rup Smt. Chandrani Sengupta Vs Smt. Sudipta Dutta Mr. Subhas Chandra Atha, Ms. Payal Paramanik.

... for the petitioner.

1. This revisional application has been filed assailing the Order No. 23 dated 15.09.2023 passed in connection with Title Suit No. 104 of 2018, wherein Learned Civil Judge (Senior Division) examined and cross-examined in part of PW1 and in course of examination, Learned Judge exhibited certified copy of two documents with objection.

2. Learned counsel on behalf of the petitioner has submitted that those documents were not pleaded in the plaint, but Learned Judge accepted those documents and marked as exhibits.

3. I am sorry to subscribe the view of the learned counsel appearing on behalf of the petitioner as Learned Judge already recorded the objection raised by the defendant/petitioner herein. On the other hand, defendant/petitioner herein did not file

any written objection before the Learned Judge for considering the issue raised by the defendant/petitioner herein and therefore petitioner cannot refer that issue before this revisional Court exercising jurisdiction under Article 227 of the Constitution of India, for the first time.

4. In the aforesaid view of the matter, I find no merit in this revisional application.

5. Thus, the revisional application stands dismissed.

6. Liberty is given to the defendant/petitioner herein to raise the issue at the time of final hearing as documents were admitted in evidence with objection.

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court (Bibhas Ranjan De, J.)