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2008 Supreme(Cal) 926

BISWANATH SOMADDER
Om Prakash Kajaria – Appellant
Versus
Circular Investment Trust Ltd. – Respondent


Advocates appeared
Jiban Ratan Chatterjee, Sr. Counsel with Harish Tandon, Amrita Lal Dhar, Debnath Ghosh, Avijit Dey, Dilip Kumar Dey, for Petitioner; Sabyasachi Bhattacharya, Ms. Somapriya Chowdhury, for Respondents.

ORDER :-


Heard the learned advocates appearing on behalf of the parties.

2. This is an application under Article 227 of the Constitution of India primarily directed against two orders, being Order No. 84, dated 9th April, 2008 and Order No. 85, dated 10th April, 2008 both passed by the learned Civil Judge (Senior Division), 3rd Court at Alipore, South 24-Parganas in Title Suit No. 146 of 1981.

3. The petitioner in the instant application is the defendant in respect of the suit pending in the Court below.

4. By the order impugned, the learned Court below was pleased to allow an application under Order 26, Rule 1 read with Section 151 of the Code of Civil Procedure filed by the plaintiff-company for the purpose of examination and cross-examination of the Managing Director of the plaintiff-company for issuance of a commission.

5. The learned advocate appearing on behalf of the petitioner submits that the order impugned has been passed by the learned Court below on the basis of a medical certificate which was manufactured and fabricated document and that the lady in question, Smt. Hansi Mukherjee was actually a hale and hearty person and was not suffering from any physical disability. The l












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