Kb Anirban Chatterjee vs Ct Smt. Susmita Chatterjee & Ors
2023 Latest Caselaw 952 Cal

13 03.02. C.O. 3384 of 2022 AG 2023 M/R KB Anirban Chatterjee Vs Ct Smt. Susmita Chatterjee & Ors

Mr. Soumik Ganguly, ... For the petitioner.

While assailing the impugned judgment/order

dated 30th September, 2022 passed in Civil Revision No.

04 of 2022 by learned Additional District Judge, 2 nd

Court, Bankura, Mr. Soumik Ganguly, leaned advocate

appearing for the petitioner, submits that the Court

below has dismissed the revision, upon consideration of

the technical aspect pertaining to the maintainability of

the revisional application filed before the District

Judge, Bankura.

Mr. Ganguly submits that the merits involved in

the order dated 5th July, 2022 passed by learned Civil

Judge (Senior Division), Bankura appointing learned

Advocate Commissioner to collect evidence of a witness,

could not be decided.

It is contended by Mr. Ganguly that in the

absence of any medical documents being produced by

the opposite parties, proposing to collect evidence with

the appointment of learned Advocate Commissioner,

there should not have been any order passed with

appointment of learned Advocate Commissioner to

collect the evidence.

An arguable point thus raised needs to be

addressed touching upon the merit of the case.

In the meantime, collection of evidence by learned

Advocate Commissioner, namely, Mr. Swapan

Mukherjee learned advocate for the witness in terms of

the order dated 5th July, 2022 passed by learned Civil

Judge (Senior Division), Bankura may not be pursued

till the second week of April 2023.

Petitioner is directed to serve the copy of

application upon the opposite parties and their learned

advocate appearing in the Court below, by speed post

with A/D, and furnish affidavit of service on the next

returnable date.

List the matter in the third week of March, 2023.

(Subhasis Dasgupta, J)