Pradipta Chakraborty Vs Sanjib Sabui and Ors. — Calcutta HC (2024) — LawSathi Research

Pradipta Chakraborty Vs Sanjib Sabui and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 27th September, 2023 set aside; trial court requested to fix a date for evidence within two weeks after Vacation and to dispose of the suit preferably within twelve weeks; revisional application C.O. 4310 of 2023 and pending application CAN 1 of 2024 both disposed of.

Issue for consideration

Whether the defendant in Ejectment Suit No. 74 of 2008 should be permitted to adduce evidence through D.W.1 notwithstanding that no affidavit-in-chief had been filed on behalf of the defendant.

Court's answer

Considering all facts and circumstances, the order impugned in this revisional application (which had disallowed examination of D.W.1 for want of affidavit-in-chief) stands set aside.

Ratio / Principle

The Learned Civil Judge (Junior Division), First Court, Sealdah is requested to fix a date for evidence within two weeks after Vacation and to dispose of the suit preferably within twelve weeks.

Detailed headnote1 paragraphs

CO 4310 of 2023 (with CAN 1 of 2024), High Court at Calcutta, Appellate Side, Civil Revisional Jurisdiction; decided 18.12.2024 by Bibhas Ranjan De, J. Petitioner Pradipta Chakraborty (per Mr. Tarak Nath Halder) assailed the order dated 27th September, 2023 of the Learned Civil Judge (Junior Division), First Court, Sealdah in Ejectment Suit No. 74 of 2008, whereby the prayer for examination of D.W.1 was disallowed on the ground that no affidavit-in-chief had been filed on behalf of the defendant (Opposite Parties led by Sanjib Sabui, per Mr. Sanat Kumar Biswas). As both sides were ad idem that the defendant should be given opportunity to adduce evidence, and with reference to the Co-ordinate Bench's initial order dated 20th December, 2023 observing that prima facie one last chance should have been given to defendant No.1 to adduce evidence upon payment of cost to the plaintiffs, this Court set aside the order impugned and requested the trial court to fix a date for evidence within two weeks after Vacation and to dispose of the suit preferably within twelve weeks. The revisional application and pending application CAN 1 of 2024 stand disposed of.

18.12.2024 Ct. No.22 Sl.No.18 KB

IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE

CO 4310 of 2023 with IA No. CAN 1 of 2024

Pradipta Chakraborty Vs.

Sanjib Sabui & Ors.

Mr. Tarak Nath Halder

… For the petitioner.

Mr. Sanat Kumar Biswas … For the Opposite Parties.

In Re : CO 4310 of 2023.

Affidavit of service is filed and taken on record.

This revisional application has been filed assailing the Order dated 27^th September, 2023 passed in connection with Ejectment Suit No. 74 of 2008 wherein Learned Civil Judge (Junior Division), First Court, Sealdah disallowed the prayer for examination of D.W.1 on the ground that on behalf of the defendant no affidavit-in-chief was filed.

Both the Learned Counsel for the parties are ad idem that opportunity should be given to the defendant to adduce evidence and in support of their submission, the initial order dated 20^th December, 2023 passed by the Co-ordinate Bench is drawn to my attention.

2

Co-ordinate Bench observed as follows:-

“Prima Facie , it appears to this Court that one last chance should have been given to the defendant No.1 to adduce evidence upon payment of cost to the plaintiffs” .

Considering all facts and circumstances, the order impugned in this revisional application stands set aside.

Learned Civil Judge (Junior Division), First Court, Sealdah is requested to fix a date for evidence within two weeks after Vacation and to dispose of the suit preferably within twelve weeks.

With the aforesaid observation, the revisional application being C.O. 4310 of 2023 stands disposed of.

Pending application being CAN 1 of 2024 also stands disposed of.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties on compliance of necessary formalities.

(Bibhas Ranjan De, J.)