Extracted from the PDF above. The PDF is authoritative.
30.06.2025 Item no. 74. Court No.6. AB C. O. 2291 of 2025
Anjana Kayara & Ors. Vs Raghunath Kar & Ors.
Ms. Madhumita Patra….for the Petitioners.
Mr. G. F. Hossain,
Ms. Varsha Roy …..for the Opposite Parties.
This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against an order no.68 dated May 6, 2025, passed by the learned Civil Judge (Junior Division), 1st Court, Hooghly at Chinsurah in Title Suit No.285 of 2013. By the order impugned, the application under Section 151 of the Code of Civil Procedure filed by the plaintiff stood rejected. Learned advocate for the petitioners submits that the petitioners have filed an application under Section 151 of the Code of Civil Procedure for expunging the document, which was marked Exhibit- A, on the ground that the said document is a fraudulent one and the same was executed by persons, who are not parties to the suit.
2 Learned advocate for the petitioners could not cite any provision of law which permits expunging of a document, which has already been marked Exhibit. Heard learned advocate appearing for the opposite parties. The learned Trial Judge was right in rejecting such prayer upon holding that there is no specific provision of expunging a document, which has already been marked Exhibit. For such reason, this Court is not inclined to interfere with the order impugned. C.O. No.2291 of 2025 stands dismissed. There shall be no order as to costs.
(Hiranmay Bhattacharyya, J.)