AD-05

Ct No.10

25.09.2025

TN

CO 469 of 2024

Madhumita Chakraborty Rana

Vs.

Smt. Anjana Tarafdar and others

Mr. Partha Pratim Roy,

Mr. Samrat Chakraborty

….for the petitioner

Mr. Chitta Ranjan Chakraborty,

Ms. Puspa Rani Jaiswara ….for the opposite parties

1. The present revisional application has been filed by

the defendant no.3 in a suit for declaration that the suit passage is exclusively owned by the

plaintiff/opposite party no.1.

2. In such suit, after the evidence of the parties was over,

an application was taken out by the defendant no.3/revisionist petitioner for being permitted to adduce evidence of one of the attesting witnesses to a purported agreement which apparently shows that the parties agreed to the suit passage being used as a

common passage.

3. Learned counsel for the petitioner argues that the said

document is of vital importance for adjudication of the suit, since the crux of the dispute in the suit revolves around whether the passage-in-question is a common

passage or an exclusive passage owned by the plaintiff.

4. As such, it is argued that the learned Trial Judge refused to exercise jurisdiction vested in him by law in rejecting the application. It is submitted that although the