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2026 DAILYLAW 33252 (CAL)

DEBOSREE GHOSH NEE SARKAR v. SUBHASISH GHOSH

CO/1379/2025 · 2026-08-20

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 6 (265719) 20.08.2026 (AD 5) (S. Banerjee) CO 1379 of 2025 Debosree Ghosh nee Sarkar Vs. Subhasish Ghosh CAN 1 of 2025 Mr. Raj Sekhar Basu Mr. Sanjay Bardhan …for the petitioner Mr. Supriya Dan …for the opposite-party Though this matter is appearing under the heading ‘Extension of Interim Order’ but, with the consent of the learned advocates appearing for the parties the main civil revision application is taken up for hearing by treating the same as on the day’s list. This application under Article 227 of the Constitution of India is at the instance of the wife/respondent in Matrimonial Suit No. 793 of 2018 and is directed against order dated January 28, 2025 passed by the learned Additional District Judge, 3rd Court at Barackpore. By the order impugned, the application filed by the petitioner for recalling of PW-1 for further cross-examination, stood rejected. Learned advocate appearing for the petitioner submits that the application for recalling the PW-1 was rejected on technical grounds. 2 Learned advocate appearing for the opposite party submits that in the event this Court is inclined to allow the prayer for recalling of PW-1 to face the cross-examination, a timeframe should be fixed therefor. After going through the application for recalling, this Court finds that the wife/respondent in the Matrimonial Suit prayed for recalling of PW-1 as some of the questions could not be put to the PW-1 at the time of cross-examination. It has been specifically stated in the said application that the earlier advocate could not ask some important questions to the PW-1 during cross-examination. Since the cross-examination is a valuable right and it is the stand of the petitioner that some important questions could not be put to the PW-1 at the time of cross-examination, this Court is inclined to allow the prayer of the petitioner for recall of PW-1 for further cross-examination as the petitioner should not be made to suffer for fault of the erstwhile learned advocate. For the reasons as aforesaid, the order impugned order is set aside. The application for recall of PW-1 for further cross-examination stands allowed. 3 At this stage learned advocate appearing for the opposite party submits that tomorrow (21.08.2026) is the date fixed before the learned trial judge for evidence of the petitioner/husband. In view thereof, the PW-1 is directed to remain present before the learned trial judge tomorrow, i.e., 21.08.2026, to face the cross-examination by the learned advocate for the wife/ petitioner herein. The further cross-examination of the PW-1 shall be completed on the next date, i.e., 21.08.2026. This revisional application stands disposed of by requesting the learned Additional District Judge, 3rd Court at Alipore to make an endeavour to dispose of the Matrimonial Suit No. 793 of 2018 as expeditiously as possible without granting any unnecessary adjournment to either of the parties. In view of the order passed hereinbefore, CAN 1 of 2025 stands disposed of. (Hiranmay Bhattacharyya, J.)