Allowed

Satramdas Dhalamal v. Life Insurance Corporation of India and Ors.

Calcutta HC17 Aug 2023CO/1190/2023

Case brief

AI extract

What is this about?

The High Court quashed orders of the Estate Officer closing evidence and rejecting recall of PW-1 for cross-examination due to lack of reasoning. Directing a fresh cross-examination by August 25, 2023, and completing opposite party witness action by August 31, 2023.

What did the court decide?

Recall of PW-1 granted for cross-examination between 3:00 PM and 5:00 PM on August 25, 2023; opposite parties to complete witness action by August 31, 2023.

Satramdas Dhalamal Vs Life Insurance… — Civil Procedure and Limitation | Calcutta HC (2023)

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August 17, 2023 Sl. No.15 & 16 Court No.19 s.biswas

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CO 1188 of 2023 With CO 1190 of 2023

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Satramdas Dhalamal

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vs.

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The Life Insurance Corporation of India and another

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Mr. Manawendra Singh Yadav Ms. Saswati Ghatterjee Ms. Satabdi Naskar (Kundu) … for the petitioners Mr. Kushal Chatterjee Mr. Mohan Lal Banerjee Mr. Saptarshi Kumar Mal

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… for the opposite parties

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Re : CO 1188 of 2023

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This revisional application has been filed challenging the orders dated August 24, 2021 and September 22, 2022 passed by the learned Estate Officer, Life Insurance Corporation of India, Eastern Zonal Office, Kolkata, in case NO.EO/308/1104.

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By the orders impugned, the learned Estate Officer closed the evidence of PW1 and also rejected the application for recall of PW1 for further crossexamination.

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Learned advocate for the petitioners/opposite parties submits that during the COVID period, short durations had been assigned for the purpose of cross-examination. The proceedings were continuing for a limited period on the dates fixed.

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It is further submitted that only a single chance to cross-examine the PW1 and complete the same to the satisfaction of the petitioner, would suffice.

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It appears that the learned court closed the evidence of PW1. Three days were provided for such cross-examination. The application for recall of PW1 was rejected only on the ground that the Life Insurance Corporation of India opposed such prayer. No other reason had been assigned.

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Under such circumstances, this court is of the view that the decision of the learned Estate Officer does not reveal why the prayer for recall of the PW1 for cross-examination was refused. Neither any mala fide nor any attempt to fill up the gaps or lacuna in the evidence, has been recorded.

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Under such circumstances, this court is of the view that one last chance should be given to the petitioner to cross-examine the PW1, upon recalling him. Such cross examination shall take place on August 25, 2023 between 3 p.m. and 5 p.m. The PW1 shall thereafter be discharged. The witness action of the opposite parties shall be completed with August 31, 2023.

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The revisional application is thus disposed of. Re : CO 1190 of 2023

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This revisional application is disposed of with the following directions:

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The examination-in-chief and the crossexamination of the opposite parties will be completed within August 31, 2023. The dates and time shall be

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fixed by the learned Estate Officer. Thereafter, the issue of maintainability will be decided within a month from completion of the witness action and the application shall be disposed of first.

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The impugned order is modified to such extent. On the outcome of the application, the Estate Officer will proceed according to law.

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These two orders shall not prevent the parties from negotiating the rent which would be legitimate and suitable in respect of the premises in question. The proceedings shall continue in accordance with law.

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(Shampa Sarkar, J.)

Satramdas Dhalamal v. Life Insurance Corporation of India and Ors.

Case brief

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Satramdas Dhalamal v. Life Insurance Corporation of India and Ors.

Case brief

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