25.09.2025 Court No.25 Item No.44 sudipta IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE C.O. 3838 of 2023 Sri Amal Kumar Manna Vs. Sri Uttam Saha Mr. Sanjib Seth …for the petitioner 1. Present petition has been filed challenging the order dated 4th September, 2023 thereby the application filed by the petitioner under Section 151 CPC was dismissed. Shorn of the details petitioner / plaintiff had filed a suit for eviction of Khas possession and mesne profit against the defendant / opposite party. 2. During the course of proceedings, the petitioner examined himself as PW 1. Petitioner also examined his son, namely, Argha Manna as PW 2. However, his evidence could not be completed as he left for abroad without cross-examination. Faced by such a situation the plaintiff moved an application under Order 18 Rule 17 seeking permission to re-examination himself for the purpose of proving the counterfoil of the rent book and certified copy of the record of right vide an application dated 21st February, 2019. The said application was opposed by the defendant / 2 opposite party. However, the learned Trial Court vide order dated 19th April, 2023 allowed the application but permitted to recall PW 2 for the purpose of cross-examination. Aggrieved of this, the petitioner moved an application under Section 151 CPC. However, this application was dismissed by the learned Trial Court vide the impugned order. 3. The petitioner invoked the jurisdiction of this Court for setting aside the impugned order dated 4th September, 2023 and for seeking permission for re- examination of PW 1 for the purpose of placing on record the counterfoil of the rent book and the certified copy of record of right. 4. The notice was duly served to the opposite party. However, they chose not to appear. 5. The Court has considered the submissions and has gone through the record carefully. It seems that the learned Trial Court has fallen into some error or confusion in the initial application filed on 21st February, 2019. There is a specific request for re- examination of the PW 1. However, the learned Trial Court under some confusion allowed for re- examination of PW 2 and even further did not allow the prayer for modification or correction of the same. 3 6. The Court considers that in its revisional jurisdiction in order to meet the ends of justice, the present petition is required to be allowed for the proper adjudication of the matter in dispute. 7. Hence, the present petition is allowed. 8. Let PW 1 be recalled for the purpose of re- examination only for the limited purpose of placing of record the counter foil of rent receipt and the certified copy of record of right. The opposite party / defendant shall be entitled to cross- examine the PW 1 only to the extent of re- examination. However, evidentiary value of such document shall be appreciated by the learned Trial Court in accordance with law without being influenced by the present order. 9. Hence, the present petition stands disposed of. Consequently, all connected pending applications, if any, stands disposed of. 10. Let a copy of this order be sent to the learned Trial Court. 11. All parties shall act on the basis of server copy of this order duly downloaded from the official website of this Court. (Dinesh Kumar Sharma, J.)