Court No. 6 (265719) 20.02.2025 (AD 20) (S. Banerjee) CO 588 of 2025 Brij Gopal Mundhra Vs. Sukanya Dey Roy Mr. S. N. Dutta Mr. Saikat Karmakar …for the petitioner Mr. Soewel Bhattacharjee Mr. Shounak Mondal …for the opposite parties 1. This is an application under Article 227 of the Constitution of India challenging an order dated January 31, 2025 passed by the learned Civil Judge (Jr. Division), 1st Court at Sealdah in Ejectment Suit No. 84 of 2018. By the order impugned the prayer for adjournment was rejected and February 19, 2025 was fixed for argument. 2. It has been uniformly submitted by the learned advocates for the parties that the next date has been fixed on February 27, 2025. 3. Learned advocate appearing for the petitioner submits that on account of personal inconvenience of the learned advocate for the defendant an adjournment was sought for which was rejected. He further submits that on account of certain marriage ceremony in the family of the defendant, an adjournment was sought for. 4. Learned advocate appearing for the opposite parties vehemently opposed the prayer of the petitioner. 5. However, taking note of the fact that cross- examination is a valuable right, this Court is of the considered view that an opportunity should be given to the DW-1 to face cross-examination. 6. Since the next date has been fixed on February 27, 2025, this Court directs the DW-1 to appear before the learned trial Judge on February 27, 2025 for cross-examination. The cross- examination of the DW-1 shall be made and if the same is not concluded on that date, the learned trial Judge is requested to fix an early date for further cross-examination of the said witness. 7. With the above observation, CO 588 of 2025 stands disposed of. 8. It is, however, made clear that in the event the DW-1 does not appear to face the cross- examination, the learned trial Judge shall proceed in accordance with law. (Hiranmay Bhattacharyya, J.) 2