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2020 Supreme(Cal) 46

MANOJIT MANDAL
Sishu Mangal Parsat – Appellant
Versus
Matilal Bhattacharya – Respondent


Advocates Appeared:
Biswarup Biswas, Advocate, Partha Pratim Roy, Advocate, Anirban Das, Advocate

JUDGMENT

Manojit Mandal, J. - Challenge is to the Order No. 93 dated 28.11.2019 and Order No. 98 dated 26.06.2019 passed by the learned Civil Judge (Junior Division), 1st Court, at Krishnagar, District- Nadia, in connection with Title Suit No. 272 of 2005 corresponding to CIS Registration No. 975 of 2014.

2. The short fact is that the petitioners /plaintiff herein instituted a suit for declaration and permanent injunction and other reliefs. The defendant/opposite party No. 1 entered appearance in the suit and filed written statement against the said plaint.

3. The said suit has been posted for trial. Plaintiff/ petitioner No. 1 has deposed himself as PW 1 and he has filed examination in chief in form of affidavit before the learned Trial Court. The examination in chief of the plaintiff/ petitioner No. 1 has been completed and his cross-examination is deferred time to time.

4. During the time of cross-examination of PW 1, the defendant/opposite party No. 1 filed an application praying for disallowing the plaintiff /petitioner No. 1 from deposing in the suit and the said application was allowed and learned Trial Court expunged the evidence of PW 1, Ramendra Nath Sarkar, from the suit.

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