D/L- 6

02/08/2025 Ct. No.-6 Aritra C.O. 1170 of 2025 Subhas Sarkar Vs.

Swapan Sarkar Mr. Anshunath Chakraborty Mr. Abhijit Ch. Majumder …for the petitioner Mr. Swapan Sarkar ….for the opposite party (in person)

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.74 dated January 16, 2025 passed by the learned Additional District Judge, 3rd Court, Barrackpore, District-North 24-

Parganas in O.S. Case No.2 of 2017.

By the order impugned the application filed by the opposite party herein to examine the attesting witness stood allowed.

The learned advocate appearing for the petitioner submits that the petitioner herein raised a specific point in the written notes of argument that the Will has not been duly proved. He further submits that when the evidence of the parties have been closed and the suit has been fixed for delivery of judgment the opposite party filed the application for examination of the attesting witness.

Record reveals that the opposite party herein had examined two witnesses. The P.W.1 in his deposition stated that he had written the Will as per the direction of the testator and had sign