DURGA PRASAD DIXIT @ DURGA PARSHAD DIXIT v. JUHI DIXIT
CO/4503/2025 · 2026-08-13
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32508 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32508 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Item-
9. sg
13-08-2026
Ct. 6
CO 4503 of 2025 CAN 1 of 2026
Durga Prasad Dixit @ Durga Parshad Dixit Versus Juhi Dixit
[
Mr. Amit Ranjan Pati Ms. Swastika Chowdhury Mr. Avijit Chatterjee
…for the petitioner Mr. Chittapriya Ghosh Ms. Bhasvati Bhattacharyya
…for the opposite party
Though this matter is appearing under the heading ‘Extension of Interim Order’ but the learned advocates for the respective parties unanimously submit that the instant civil revisional application be taken up for hearing on merits. In view thereof, this civil revisional application is taken up for final hearing with the consent of the learned advocates for the respective parties by treating the same as on today’s list. This application under Article 227 of the Constitution of India is at the instance of the husband challenging the orders dated 3rd December, 2025, 9th December, 2025 and 16th December, 2025 passed by the learned Additional District Judge, 6th Court, Paschim Medinipur in Matrimonial Suit No. 937 of 2023. The learned advocate appearing for the petitioner submits that though the order dated December 3, 2025 rejecting the application under Order VII Rule 11 of the Code of Civil Procedure has been challenged in this civil revisional application, but, on instruction, he submits that the petitioner is not willing to challenge the order dated 3rd December, 2025
2 in this revisional application. Such submission of the learned advocate for the petitioner is placed on record. The learned advocate for the petitioner submits that since the petitioner was ill and was admitted into hospital, adjournments were prayed for on 9th December, 2025 and 16th December, 2025. In support of such contention, the learned advocate for the petitioner draws the attention of the Court to the medical documents which are annexed at page 65 of this application. Mr. Ghosh, the learned advocate appearing for the opposite parties submits that the husband is trying to delay the hearing of the suit by taking adjournments on frivolous grounds. After going through the said medical documents, this Court finds that the petitioner was admitted into hospital on 8th December, 2025 and was discharged on 16th December,
2025. Evidence of the defendant was fixed on 9th December, 2025 and 16th December, 2025 i.e. during the period when the petitioner was in hospital.
As already observed hereinbefore that the petitioner was hospitalized during the period when the dates were fixed for evidence of the defendant’s witness, this Court is inclined to interfere with the orders dated 9th December, 2025 and 16th September, 2025. Accordingly, the orders dated 9th December, 2025 and 16th December, 2025 are set aside. The learned Additional District Judge, 6th Court,
3 Paschim Medinipur, is requested to fix a date for evidence of the defendant’s witness and make all endeavour to dispose of the Matrimonial Suit being No. 937 of 2023 as expeditiously as possible but preferably within a period of three months from the date fixed for evidence of the defendant’s witness without granting any unnecessary adjournments to either of the parties. With the above observations and direction C.O. 4503 of 2025 and CAN 1 of 2026 stand disposed of. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Hiranmay Bhattacharyya, J.)