Subasini Das Vs Gagan Behari Das

W.P.(C) No.6861 of 2008

6.07.2018

Heard learned counsel for the petitioner and learned counsel for the opposite party no.8.

Considering the rival contentions of the parties and taking into account the submission of the learned counsel for the petitioners that the document sought to be introduced by recalling of the P.W. 5 & calling for the attesting witness, of which not only there is already pleadings but evidence is also there, this Court finds, there will be no prejudice to the opponents in the event of allowing of such application at the instance of the plaintiff.

¶5

Considering the above, this Court finds, the impugned order has been passed without proper application of mind. As a consequence, this Court sets aside the order at Annexure-1. As a consequence, the petition at the instance of the petitioner for recalling of the P.W.5 and examining the attesting witness, stands allowed, but however, with an opportunity of crossexamination to the defendants. Further, since the suit is of the year 1998 and pending for the grant of stay order by this Court, this Court while vacating the stay order, directs the trial court to conclude the trial involving T.S. No.225 of 1998 within a period of three months from the date of communication of a certified copy of this order by the petitioner. Both the parties undertake to co-operate for timely conclusion of the trial involving the suit.

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The writ petition stands disposed of with the above direction.

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Issue urgent certified copy on proper application.

¶8

…….…………………

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(Biswanath Rath, J.)

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Ayas

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2

¶12

3

Subasini Das v. Gagan Behari Das

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Subasini Das v. Gagan Behari Das

Case brief

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