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2019 Supreme(Cal) 254

BIBEK CHAUDHURI
Indian Chamber of Commerce – Appellant
Versus
Eastern India Shippers Association – Respondent


Advocates Appeared:
Kausik De, Adv., Amal Krishna Saha, Adv.

JUDGMENT :

Bibek Chaudhuri, J.

In the instant revision under Article 227 of the Constitution of India, order dated 26th July, 2016 passed by the learned Judge, 7th Bench at City Civil Court, Calcutta in Title Suit No.417 of 2006 is challenged at the instance of the plaintiff of the said suit (hereafter described as the petitioner).

2. The facts of the case in short are as follows:-

3. The petitioner- company as plaintiff filed Title Suit No.417 of 2006 against the defendants (hereafter opposite parties) for eviction of licenses and recovery of Khas and vacant possession of the premises in suit and other incidental reliefs.

4. The opposite parties are contesting the suit by filing written statement.

5. At the stage of recording evidence, the petitioner filed an application under Section 63 read with Section 65 of the Evidence Act stating, inter alia, that the petitioner misplaced some documents morefully stated and described in the "List of Documents" appended to the plaint during the pendency of the suit while renovating its office. It is however, stated that at the time of institution of the suit Photostat copies of the said documents were prepared by the deponent on behalf of the petit






















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