SRI BISWAJIT PAUL v. SMTI PRATIMA PAUL
Case at a glance
Provisions considered
- Constitution of India art. 227
Judgment
Party Name : SRI BISWAJIT PAUL Vs SMTI PRATIMA PAUL & 2 ORS HON''BLE MR JUSTICE S.TALAPATRA Heard Mr. S. Deb, learned senior counsel assisted by Mr. M.K. Roy, learned counsel appearing for the petitioner as well as Mr. P. Datta, learned counsel for the respondents. This is a petition under Article 227 of the Constitution of India against the order dated 22.12.2010 delivered in Title Suit (Partition) No. 22 of 2006 by the Civil Judge, Sr. Division, Court No.2, West Tripura, Agartala. From the records it appears that the Civil Judge, Sr. Division has afforded a series of adjournments to the defendant-petitioner for cross- examining PW-1. Even thereafter he sought for adjournment on 22.12.2010 on the ground that the engaged counsel could not contact the defendant-petitioner as at the relevant point of time, the defendant-petitioner was out of the State for treatment of his daughter. The Civil Judge, Sr.
Division, Court No.2 was not satisfied with the said ground and accordingly, closed the cross-examination of PW-1 by the impugned order. However, the case was posted for cross-examination of PWs. Being aggrieved by the said order dated 22.12.2010 the present petition, which is solely focused for an opportunity to cross-examine PW -1, has been filed. Mr. S. Deb, learned senior counsel has submitted that the defendant-petitioner was absent from the State for his daughter’s treatment. For that reason, he could not instruct the engaged counsel for cross-examining PW-1. Mr. P. Datta, learned counsel appearing for the plaintiff-respondents has fairly submitted that for the pendency of the present petitioner, the entire proceeding has been stayed. Thus, they are suffering enormously. Situated thus, they are ready to accede to the prayer made by the defendant- petitioner. For facilitating an opportunity for cross-examination keeping an eye on substantial ends of justice, the impugned order dated 22.12.2010 is interfered with and set aside.
The Civil Judge, Sr. Division, Court No.2, West Tripura, Agartala is directed to give a solitary opportunity to the defendant-petitioner to cross-examine PW-1. If the defendant –petitioner does not grab that opportunity he would not be provided with any further opportunity for cross-examining PW-1 and in that event the cross-examination of PW-1 shall be closed and the suit shall proceed in accordance with law. Since both the plaintiffs and the defendant are entered here by their respective counsel, this Court is further inclined to post a date for appearance of the parties in the Court of the Civil Judge, Sr. Division, Court No.2, West Tripura, Agartala. On their appearance, the Civil Judge, Sr. Division should fix another date for cross-examination of PW-1. The parties are directed to appear before the Civil Judge, Sr. Division, Court No.2, West Tripura, Agartala on 21.08.2013. A copy of this order be furnished to the learned counsel for the parties. Accordingly, this petition is disposed of. Download Date: 8-05-2017 16:05
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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