KEKA SET ALIAS KEKA SETH AND ANOTHER v. KABITA SET AND ANOTHER
CO/2758/2026 · 2026-08-18
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 33721 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33721 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sl.34 18.08.2026 Court No.6 BP C.O. 2758 of 2026
Smt. Keka Set alias Keka Seth & Anr. -versus- Smt. Kabita Set & Anr. Mr. Abhilash Chatterjee Ms. Najmee Parveen ..for the petitioners
This application under Article 227 of the Constitution of India is at the instance of the opposite parties in the revocation proceeding and is directed against an order being no. 70 dated 18th July, 2026 passed by the Learned Civil Judge (Junior Division), 1st Court at Barrackpore, 24 Parganas (North) in Miscellaneous Case No. 36 of 2010 arising out of Miscellaneous Case no. 39 of 2008. By the order impugned the application under Section 151 of the Code of Civil Procedure stood rejected and a date was fixed for argument. The learned advocate appearing for the petitioners submits that the petitioners filed an application under Section 151 of the Code of Civil Procedure praying for permission to lead further evidence. He further submits that the husband of the petitioner no.1 herein and the father of the petitioner no.2 herein was an employee under Airport Authority of India and for which the service record of the husband of the petitioner no.1 is necessary. He further submits that the petitioners intended to issue summons to the Airport Authority of India to adduce
2 evidence as OPW-3. The said application was allowed on 19th November, 2024 subject to payment of cost of Rs. 1,000/-. The learned trial judge has recorded a factual finding that the petitioners have not paid the cost of Rs. 1,000/-. Though the learned advocate appearing for the petitioners submits that such cost was paid but no document in support thereof has been placed before this Court at the time of hearing of the civil revisional application. Since the petitioners were unable to procure any witness and failed to take steps, the evidence of the opposite party witness no.3 was closed by order dated 21st February, 2026. The petitioners thereafter filed an instant application to allow the petitioners a further opportunity to adduce the evidence of the OPW-3. The learned trial judge after recording factual finding that a similar application was disposed of on merit but the conditions have not been satisfied rejected the application under Section 151 of the Code of Civil Procedure. This Court does not find any reasons to interfere with the said order. Accordingly, C.O. 2758 of 2026 stands dismissed.
There shall be, however, 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.)