Back
IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Ratna Chatterjee – Appellant
Versus
Sovan Chatterjee – Respondent
Judgment :
Hiranmay Bhattacharyya, J.
1. This application under Article 227 of the Constitution of India is at the instance of the wife and is directed against an order being No. 204 dated January 10, 2025 passed by the learned Additional District Judge, 6th Court at Alipore, in Matrimonial Suit No. 103 of 2017.
2. By the order impugned, the prayer of the petitioner for fixing date for examination of remaining witnesses was not allowed; the evidence of the wife/ petitioner herein was closed and dates were fixed for argument.
3. Opposite party laid the suit for dissolution of marriage. Petitioner entered appearance in the suit after service of summons and filed the written statement along with counter claim praying for a decree of restitution for conjugal rights. After completion of the evidence of the plaintiffs witnesses (for short “PW”), the petitioner and her son deposed as Dependent Witness (for short “DW”) 1 and DW2. Thereafter, the petitioner filed a list of witness on 06.12.2024 containing seven names. Only two out of seven persons named in the said list of witness were allowed to depose as DW3 and DW4. Prayer of the petitioner for fixing date for evidence was not allowed by the
Point of law: In any case, it is settled legal position that no litigant can be denied the opportunity to prove his case, unless it is clear that presence of such witnesses is not necessary at all. T....
Order XVIII Rule 3A CPC mandates initial party testimony but permits later examination for recorded reasons even if sought subsequently, exercised judicially in peculiar facts to balance justice and ....
The right to lead evidence is pivotal to a fair trial and partakes of the character of natural justice and fair play. The recall of a witness under Order XVIII Rule 17 should be for clarifying any do....
The right to make an application for witness summons is available to a party at any stage of the suit, but the trial court may refuse to issue summons only if the application is not bona fide, vexati....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
