B vs Satya Ranjan Das & Anr
2023 Latest Caselaw 300 Cal

13 10.01. C.O. 3855 of 2022

AGM /RK Nripotee Ranjan Das B Vs Satya Ranjan Das & Anr Ct 07 Mr. Partha Pratim Roy, Mr. Dyutiman Banerjee, ... For the petitioner.

The subject matter of challenge in this case is

against the order dated 6th December, 2022 passed by

learned Civil Judge (Senior Division), 2nd Court, Barasat

in Title Suit No 589 of 2017 declining to issue

summons to defendant No. 2 Jharna Das as a prime

witness in this case.

Mr. Partha Pratim Roy, learned advocate

appearing for the petitioner taking recourse to the

provision under Order 16 Rule 1 (3) CPC, submits that

cross examination of Jharna Das, as a witness for

defendant is absolutely necessary, otherwise there may

not be any effective adjudication by the Court below.

Upon perusal of the impugned order, it appears

that the Court below has rejected the prayer for

summoning witnesses, proposed by the defendant and,

thereafter, set the matter for argument.

An arguable point thus raised needs to be tested,

bearing in mind the provision of law, as available under

Order 16 Rule 1 (3) of the CPC upon notice to the other

side.

Since the Court below is about to deliver

judgment after conclusion of the argument, there lies

the necessity of granting interim protection at least for

a limited period of time.

In the meantime, judgment may not be delivered

till the end of February, 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 February,

2023.

(Subhasis Dasgupta, J)