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Calcutta High CourtCO/4576/2025dismissed

Debjani Roy And ORS v. Maya Basu And ORS

2026-02-04Hon'Ble Justice Shampa Sarkar2 pages

Item No.16 04.02.2026 Court. No. 6 GB C.O. 4576 of 2025 Smt. Debjani Roy & Ors.

Vs.

Maya Basu & Ors.

Mr. Siva Prasad Ghose, Mrs. Neha Roy, Mr. Sujit Sahoo ... for the Petitioners.

Mr. Debraj Bhattacharya, Mr. Subhrajyoti Bhowmick ... for the Opposite Parties.

1.

The petitioners are aggrieved by the rejection of an application dated August 5, 2025. The petitioners prayed before the court that Deed No.2079 of 1995 should be marked as an exhibit in its usual course as the donor, donee and the attesting witnesses had died.

2.

The court was of the view that the said deed had been marked as 'X' for identification, and the petitioners were at liberty to take appropriate steps to mark such deed as an exhibit by following the provisions of the Evidence Act. Thus, the petitioner may take other recourse to prove the hand writing or the signature of the donor(deceased) through a person familiar with the signature/handwriting or by leading other secondary evidence.

3.

Under such circumstances, I do not find any illegality or irregularity in the order impugned. 4.

Accordingly, the revisional application fails and dismissed.

5.

Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)