MAA MANGAL CHANDI BRICK FIELD PVT LTD v. ANJALI SINGH AND ORS
CO/172/2025 · 2025-02-21
Hiranmay Bhattacharyya
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6102 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6102 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
19 21.02.2025 Court No.6 BP
C.O. 172 of 2025
Maa Mangal Chandi Brick Field Private Limited -versus- Anjali Singh & Ors.
Mr. Rohit Das Ms. K. Rahman Mr. Vishesh Pandey
… for the petitioner
This application under Article 227 of the Constitution of India is at the instance of the plaintiff in a suit for recovery of possession challenging an order dated December 4, 2024 passed by the learned Civil Judge (Junior Division), 3rd Court at Serampore in Title Suit No. 21 of 1996 which has been subsequently renumbered as Title Suit No. 141 of 2013. By the order impugned the prayer of the second defendant for recalling the PW-1 for his cross- examination was allowed. The learned advocate appearing for the petitioner submits that the defendants are trying to delay the disposal of the suit in this manner. However, considering the fact that the right of cross-examination is a valuable right and the learned trial judge upon considering the fact that the defendant no.2 did not get any opportunity to
2 cross-examine the P.W.-1 allowed him to cross- examine P.W.-1. This Court is not inclined to interfere with such exercise of discretion by the learned trial judge. However, taking note of the fact that the suit is of the year 1996 and the cross- examination of P.W.-1 by the defendant no.2 has been fixed on 13th March, 2025, C.O. 172 of 2025 is disposed of by requesting the learned Civil Judge (Junior Division), 3rd Court at Serampore to make an endeavour that the cross- examination of P.W.-1 is taken up on the next date fixed that is on 13th March, 2025 and the same is concluded expeditiously without granting any unnecessary adjournment to either of the parties. No order as to costs.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Hiranmay Bhattacharyya, J.)