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2019 Supreme(Cal) 103

SAHIDULLAH MUNSHI
In Goods of Priyamvada Devi Birla (Deceased) – Appellant
Versus
Ajay Kumar Newar – Respondent


Advocates Appeared:
Anindya Kr Mitra, Adv., Pratap Chatterjee, Adv., Abhrajit Mitra, Adv., Malay Kr Ghosh, Adv., Dhruba Ghosh, Adv., Ramesh Sharma, Adv., Manju Bhuteria, Adv., Debanjan Mandal, Adv., Sanjiv Kumar Trivedi, Adv., Jishnu Chowdhury, Adv., Sarvapriya Mukherjee, Adv., Soumya Roy Chowdhury, Adv., S.K. Kapur, Adv., Anil Gupta, Adv., Vineeta Meharia, Adv., Anuj Singh, Adv., Pratik Mukhopadhyay, Adv., Hirak Mitra, Adv., Swarnendu Ghosh, Adv., Debdutta Sen, Adv., Suchismita Ghosh, Adv., Malay Seal, Adv., Surojit Nath Mitra, Adv., D.N. Sharma, Adv., Kaushik Choudhury, Adv., Vaibhavi Pandey, Adv., K.N. Mookherjee, Adv.

JUDGMENT :

SAHIDULLAH MUNSHI, J.

1. Recording of the deposition of the first witness for the plaintiff, Mr. Harsh Vardhan Lodha, commenced on 28th November, 2018 and continued on the second day, i.e., 28.11.2018. Further examination-in-chief of the witness resumed again for the third day, i.e., 28.11.2018 and it was adjourned till 12th December, 2018. On 12th December, 2018, i.e., on the 4th day, when examination-in-chief resumed Mr. Ghosh asked a question to the witness being question no.80 - "do you know since when your father Rajendra Singh Lodha knew Mr. M.P. Birla?" When this question was raised, Mr. Kapur, learned Senior Advocate on behalf of the defendant nos. 1(b) and 1(c) raised an objection that the answer which had gone down with reference to question no.73, should not have been recorded by the Court inasmuch as the statement of the witness is a 'hearsay'. Mr. Anindya Kumar Mitra, learned Senior Advocate, raised his objection to the effect that such an objection raised by Mr. Kapur could not be entertained at a belated stage. The objection, which Mr. Kapur raised, ought to have been raised when answer to question no. 73 was given by the witness on 28.11.2018 but not on 12.




































































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