B vs Nanda Gopal Kaibarta & Ors
2023 Latest Caselaw 301 Cal

14 10.01. C.O. 3935 of 2022

AGM /RK Ashis Kumar Mukherjee B Vs Nanda Gopal Kaibarta & Ors Ct 07 Mr. Rabindra Narayan Dutta, Mr. Sibasis Ghosh, ... For the petitioner.

Supplementary affidavit filed by the petitioner be

taken on record.

Focussing the order of the Lower Appellate Court

in Title Suit No. 41 of 2014 thereby directing an order

of open remand with certain directions contained

therein including opportunity to adduce further

evidence, if necessary upon amending the plaint, Mr.

Rabindra Narayan Dutta, learned advocate appearing

for the petitioner submits that without duly complying

with the directions of the Appellate Court after the

rejection of the learned Investigation Commissioner's

Report, the Court below has straightaway set the

matter for delivery of the judgment.

Mr. Dutta further submits that no opportunity

was given either to adduce evidence to the petitioner, or

to give time for argument.

An arguable point thus raised needs to be

addressed touching upon the merits of the case.

In the meantime, judgment, if not delivered by the

Court below, may not be delivered till third week 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 second week of February,

2023.

(Subhasis Dasgupta, J)