Kamal Paul vs Bijoy Paul - 2023 Supreme(Cal) 1509

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1509

BISWAROOP CHOWDHURY
Kamal Paul – Appellant
Versus
Bijoy Paul – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Subrata Datta, Kuheli Sinha

Table of Content
1. petitioner challenges trial court's rejection. (Para 1 , 2 , 3)
2. petitioner's health issues cited for evidential support. (Para 4 , 6)
3. court's discretion affirmed in appointing commissioners. (Para 7 , 10 , 11 , 20 , 21 , 22)
4. final ruling permitted appointment of an advocate commissioner. (Para 23 , 24)

JUDGMENT :

Biswaroop Chowdhury, J.

1. The petitioner before this Court is a defendant in a suit for partition and is aggrieved by the Order dated 21/09/2022 and 14/11/2022 passed by Learned Judge Small Causes Court Sealdah. in Title Suit No. 42 of 2017.

2. The case of the petitioner may be summed up thus:

2. The petitioner/defendant no.2 entered appearance in the suit by filing a written statement. The issues to the suit were framed and the plaintiff concluded his examination in chief and cross examination.

3. The Learned Trial Court fixed a date for Defendant's Witness on 01.08.2022 and the Petitioner/defendant no. 2 was not able to appear before the said Court for his evidence on the said date and thereafter another date was fixed