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2015 Supreme(Tri) 468

DEEPAK GUPTA
Sanchita Banerjee – Appellant
Versus
Sankar Debbarma – Respondent


Advocates:
Advocate Appeared:
For the petitioner:Ms. P Dhar, Advocate
For the respondent No.1:Mr. K N Bhattacharji, Sr. Advocate, Mr. S. Chakraborty, Advocate,
For the Respondents 2 to 5:Mr. D Sarma, Advocate

JUDGMENT

1. This petition by the legal heirs of Gopal Banerjee defendant No.2 before the trial Court is directed against the order dated 13th March, 2015 passed in Title Suit No.76 of 2006 whereby the learned trial Court rejected the application filed by the said petitioners under Order XVIII Rule 17A seeking permission to recall DW.1 who is in fact defendant No.2(a) with a view to produce certain documents. It may be pointed out at this stage that Ms. Paramita Dhar learned counsel for the petitioner at the stage of hearing of the petition very candidly stated that though the word ‘documents’ had been used in the application the only document which is sought to be exhibited is the plaint filed in Title Suit No.41 of 1978.

2. This case has a very long and chequered history. Title Suit No. 41 of 1978 was filed by Naresh Chandra Debbarma whose son Pritwish Debbarma was the original defendant No.1 in the suit and he was grandfather of respondents 2 to 5 in this petition. Defendant No.2 in the earlier suit was Gopal Banerjee the predecessor-in-interest of the present petitioners. It is not disputed that the land which is subject matter of Title Suit No.76 of 2006 out of which this revisi











































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