Disposed

Smt. Shanta Dawn(Biswas) v. Sri Gopal Chakraborty

Calcutta HC11 Jul 2023CO/1650/2023

Case brief

AI extract

What is this about?

This order dismisses a revision regarding a suspicion that the defendant appearing in court is an impostor. The Single Judge relies on the defendant's attendance, production of identity documents, recorded presence, and live streaming to dispel doubts, modifying the impugned order and disposing of the application.

What did the court decide?

Revision application disposed of; impugned order modified to bind the defendant to an undertaking made before this Court.

Smt. Shanta Dawn(Biswas) Vs Sri Gopal… — Civil Procedure and Limitation | Calcutta HC (2023)

¶1

Item No. 31 11.07.2023 Court. No. 19 GB

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C.O. 1650 of 2023

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Smt. Shanta Dawn (Biswas) Vs. Sri Gopal Chakraborty

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Mr. Rahul Karmakar, Mr. Sourav Guchhait

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… for the Petitioner.

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Mr. Sudhakar Biswas, Mr. Rajsekhar Basu

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… for the Opposite Party.

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The prayer for biometrics is not allowed. Apart from the assumption of the petitioner that Gopal Chakraborty who has appeared before the Court and who is adducing evidence as a defendant, is not the same person against whom the suit has been filed, there are no sufficient documents to back up such aspect.

¶9

Such fact has not been substantiated by any evidence. The only contention is that the person deposing as Gopal Chakraborty looks drastically different from the actual person. Learned court below upon perusal of all the documents of identification, negated such claim. Hence, the revisional application has been filed.

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The worry of the petitioner can be put at rest in this proceeding. The person claiming to be Gopal Chakraborty is present in Court pursuant to the direction of this court. His Aadhar card, pan card and voters card are placed before this court. His personal appearance is recorded by this Court. His appearance is also available in the digital platform, in view of the live streaming of this Court’s proceeding.

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Hence, for all future reference and with regard to all allegations made by the petitioner, reliance may be placed on the live streaming of this court.

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The person who has appeared before this Court claims to be Gopal Chakraborty, the defendant in the suit and the same person whose photograph had been produced. Gopal

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Chakraborty shall be bound by such undertaking made before this court, before every other forum.

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The order impugned is modified to the above extent. Accordingly, the revisional application is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.

¶16

(Shampa Sarkar, J.)

Smt. Shanta Dawn(Biswas) v. Sri Gopal Chakraborty

Case brief

What is this about?

What did the court decide?

Smt. Shanta Dawn(Biswas) v. Sri Gopal Chakraborty

Case brief

What is this about?

What did the court decide?

What the court decided

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