Mr. Tapan Coomar Dey Ms. Shreya Chatterjee … for the petitioner Mr. Pijush Chaturvedi, Sr. Advocate Mr. Jitendra Patnaik ..for the opposite party This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being no. 64 dated 23rd April, 2025 passed by the learned Judge, 5^th Bench, City Civil Court at Calcutta in Ejectment Suit No. 08 of 2017.

By the order impugned the application filed by the opposite party herein praying for recall of P.W.-1 stood allowed.

The learned advocate appearing for the petitioner submits that the opposite party sought to fill up the lacuna in evidence by recalling P.W.-1 which is not permissible. In support of such contention he places reliance upon a decision of the Hon’ble Supreme Court in the case of Vadiraj Naggappa Vernekar (D) Through Lrs. Vs. Sharad Chand Prabhakar Gogate reported at 2009(4) SCC 410. He further submits that the application for recalling was filed after the cross-examination of P.W.-1 was closed. He submits that at such a belated stage recall of P.W.-1 should not have been allowed. In support of suchcontention he places reliance upon a decision of the Hon’ble Sup