Usha Pasari vs Satya Narayan Pasari And Ors
2026 Latest Caselaw 2479 Cal/2

Calcutta High Court

Usha Pasari vs Satya Narayan Pasari And Ors on 31 March, 2026

Author: Sugato Majumdar

Bench: Sugato Majumdar

OD - 3

                                 ORDER SHEET
                     IN THE HIGH COURT AT CALCUTTA
                ORDINARY ORIGINAL CIVIL JURISDICTION
                                 ORIGINAL SIDE

                                 IA NO. GA/1/2023
                                  In CS/258/2022

                               USHA PASARI
                                   Vs
                       SATYA NARAYAN PASARI AND ORS

BEFORE:
THE HON'BLE JUSTICE SUGATO MAJUMDAR

Date: 31st March, 2026

Appearance:

Mr. Sudip Deb, Sr. Adv.

Mrs. G. Agarwal, Adv.

Ms. Manali Mazumder, Adv.

...for the Plaintiff.

Mr. Supratim Laha, Adv.

Mr. Binay Kumar Jain, Adv.

....for Def. nos. 1-4

Mr. Mainak Bose, Sr. Adv.

Mr. Ayan Dutta, Adv.

Mr. Piyush Jain, Adv.

...for Def. nos. 9-12

The Court: The suit is ready for witness action.

The question cropped up is, who will lead evidence first. The Defendant

challenged the suit among others, on maintainability ground and the suit is fixed for

witness action on the preliminary issues.

Page |2

It is submitted by the Learned Counsel for the Plaintiff that the Defendant

would adduce evidence first.

Mr. Deb, the Learned Senior Counsel appearing for the Plaintiff argued that

the Defendant shall adduce evidence first since the point of maintainability and the

preliminary issue is to be heard on the basis of challenge to the suit raised by the

Defendant. On the other hand, the Learned Counsel for the Defendant submitted

that the Plaintiff should adduce evidence first in view of the provision of Order XVIII

Rule 1 of the Code of Civil Procedure, 1908, since there was no admission.

Both the counsels filed notes of argument.

The written statement is rife with denial including challenge to the

maintainability of the suit. These are not admissions. Therefore, under Order XVIII

Rule 1 of the Code of Civil Procedure, 1908, the Plaintiff shall adduce evidence first.

The suit will appear in the list on 15th May, 2026 for witness action.

(SUGATO MAJUMDAR, J.)

A.Das (P.A.)