U vs R Indrani Dey & Anr
2023 Latest Caselaw 2256 Cal

                              In the High Court at Calcutta
                              (Civil Revisional Jurisdiction)
                                        Appellate side
                      C
 S/L No. 37
                                      C.O. 357 of 2023
03.04.2023
  Ct-237   o
    (RD)                         Tamalika Mazumder & Ors.
           u
                                            Vs.
              r                     Indrani Dey & Anr.
              t

                          Mr. Ivan Roy, Adv.
              N
                          Mr. Nirupam Dutta, Adv.
              .           Mr. Sk. Abdur Rahim, Adv.
              2
              2
                                              .... For the petitioner
              S
                          Mr. Apurba Kr. Ghosh , Adv.
              l           Mr. Rudranil Ghosh, Adv

              1
                                         ... For the Respondent 1.

/ This revision application filed assailing the order C dated 19.11.2022 as well as order dated 19.12.2022 in L connection with Misc. Case No. 17/1995 under Section

47 of the Civil Procedure Code, passed by the Learned

Civil Judge, 5th Court, Howrah.

From the order dated 19.11.2022 it appears

that Learned Judge fixed date for argument pursuant to

the direction of the Hon'ble Court in connection with CO

No. 1984 of 2022 whereby Hon'ble Court directed the

Learned Trial Court for fixing suitable date within two

weeks from date enabling the petitioners/judgments

debtors to adduce their witness as a special chance,

otherwise, the Trial Judge will proceed with the case.

On receipt of that order 19.11.2022 Learned Judge

took up the misc. Case. None appeared on behalf of the

opposite parties. Petitioner was present asking for fixing

date of argument.

Pursuant of the order of this Court learned Judge

rightly fixed date on 08.12.2022 for argument.

On behalf of the petitioner/judgment debtor two

applications were filed for re-calling the order dated

19.11.2022. On 19.12.2022 Learned Judge took up the

applications for re-calling the order dated 19.11.2022.

Learned Judge relying on the direction of the Hon'ble

Court in CO No. 1984 of 2022 refused to re-call the

order dated 19.11.2022.

Learned advocate appearing on behalf of the

petitioners/judgement debtors assailed the order on the

ground of wrong address of the witness where summons

was served and on that ground on behalf of the

petitioners/judgement debtors prayer was made for

further opportunity for issuance of summons upon the

witness in the correct address.

I do not find any infirmity or irregularity in the

impugned orders passed in terms of the specific

direction of this Court.

Considering all facts and circumstances discussed

hereinabove, I am of the humble opinion that a final

opportunity should be given to the petitioner to produce

his witness within a week from the date of

communication of this order to the learned Trial Court

who is also requested to take evidence, if witness is

produce, and to dispose of the Misc. Case arose out of

section 47 of the Civil Procedure Code without giving

any further opportunity, whatsoever, to either of the

parties within one weeks thereafter.

With the aforesaid observation the revision

application being no. Co No. 357 of 2023 stand disposed

of, subject to payment of costs of Rs. 20,000/- to be

deposited with the high Court Legal services Authority.

All parties are directed to act on a server copy of this

order downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Bibhas Ranjan De)