Sipra Roy vs Sandhya Roy Choudhury - 2025 Supreme(Cal) 365

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2025 Supreme(Cal) 365

IN THE HIGH COURT AT CALCUTTA
Hiranmay Bhattacharyya
Sipra Roy – Appellant
Versus
Sandhya Roy Choudhury – Respondent

Advocates Appeared:
For the Petitioner: Mr. Tapas Kumar Manna, Ms. Anindita Majumder
For the Opposite Party : Mr. A. Chakrabarty

JUDGMENT :

Hiranmay Bhattacharyya, J.

1. This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against orders dated January 28, 2025 and February 11, 2025, both passed by the learned Judge, 4^th Court, Presidency Small Causes Court at Calcutta in Ejectment Suit No. 281 of 2006.

2. By the order dated January 28, 2025, the order being no. 98 dated December 21, 2024 was recalled only to the extent of closing of the cross-examination of PW-1 by the defendant and a date was fixed for payment of cost and cross-examination of PW-1.

3. By the order dated February 11, 2025 the cross-examination of PW-1 was closed due to non-payment of cost by the defendant and a date was fixed for argument.

4. Learned advocate appearing for the petitioner submits that on December 21, 2024, a prayer for adjournment was made by the defendant and the learned trial judge closed the cross- examination of PW-1 by the said order. He further submits that cross- examination could not be made as the learned advocate was not available and the learned trial judge, though allowed the prayer for cross-examination of PW-1, imposed a heavy cost as a condition preceden