Kalpana Mondal vs Kolkata Port Trust & Ors
2021 Latest Caselaw 393 Cal

21.01.2021
Item No. 02
Ct. No. 04
PG


                                M.A.T. 154 of 2020
                                       with
              I.A. No. CAN 1 of 2020 (Old No. CAN 1406 of 2020)
                                       With
                   I.A. No. 2 of 2020( Old CAN 1407 of 2020)
                              (Via Video Conference)
                                        r




                                 Kalpana Mondal
                                        Vs.
                            Kolkata Port Trust & Ors.


              Mr. Indradeep Pal
              Mr. Mustafizur Rahaman.......for appellant

              Mr. Kallol Bose
              Ms. Sujata Mukherjee .......for respondents/

Kolkata Port Trust

Mr. Bose, learned advocate appears on

behalf of respondents/Kolkata Port Trust. He

submits, he has instructions that his clients would

submit to the second option provided in order dated

13th January, 2021, of appellant adducing evidence to

prove her claim of being daughter of the deceased

employee. Mr. Pal, learned advocate appears on

behalf of appellant and relies on judgment of

Supreme Court in Babubhai Muljibhai Patel Vs.

Nandlal Khodidas Barot reported in (1974) 2 SCC

706.

With reference to our observations in said

order dated 13th January, 2021, we find from

Babubhai Muljibhai Patel (supra) that the civil

appeal was against judgment of the High Court, in

which was considered, inter alia, oral evidence of

deponents of affidavits filed in the writ petition. In

paragraph 10 Supreme Court said :

"10 ..........the High Court decides, as in the present case, that it should go into a disputed question of fact and the discretion exercised by the High Court appears to be sound and in conformity with judicial principles, this Court would not interfere in appeal with the order made by the High Court in this respect."

Mr. Pal, on instructions submits, brother of

deceased employee will be produced as witness by

appellant for examination before this Court. He prays

for listing on 28th January, 2021.

List on 28th January, 2021 marked at 10.45

A.M. under heading 'For Examination of Witness'.

Above direction has been issued in exercise

of extraordinary power under article 226 of the

Constitution of India read with rules 27 to 29 in Civil

Procedure Code, 1908. Additional evidence will be on

the point of proof of appellant's claim to be daughter

of the deceased employee.

(Arindam Sinha, J.)

(Suvra Ghosh, J.)