Sri Tanmoy Chowdhury vs Sm. Chandrika Dawn (Chowdhury)
2021 Latest Caselaw 1750 Cal

08.03.2021
     03
 RP Ct.04
                                       FA 186 of 2016
                                            +
                                    IA NO.CAN 3 of 2020
                                   Sri Tanmoy Chowdhury
                                         Versus
                               Sm. Chandrika Dawn (Chowdhury)

              Mr. Tapas Bhattacharya
              Mr. Krishna Keshab Paul
                                        ....   For appellant
              Mr. Uttiya Roy
                                        ....   For respondent

CAN 3 of 2020 is application by appellant for production of additional evidence in the appeal. Affidavits have been filed today.

Mr. Roy, learned advocate appearing on behalf of respondent/wife submits, at all if the additional evidence sought to be produced, being judgment dated 6 th August, 2016 passed by Judicial Magistrate, First Class, Second Court, Katwa is to be produced in the appeal, it can only be under clause (b) in sub-rule (1) of rule 27, order 41 on the Court requiring it to be produced to enable pronunciation of judgment or for any other substantial cause. This can only be determined upon hearing of the appeal. His submission, the application be heard along with the appeal. Mr. Bhattacharya, learned advocate appearing on behalf of applicant submits, that can be done.

Existence of the judgment is not disputed. Court accepts submission of respondent.

The application will be heard with the appeal. By consent list on 23rd March, 2021.

(Arindam Sinha, J.)

(Suvra Ghosh, J.)