Dd 9 06.01.2026

In the High Court At Calcutta

CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE

CO/163/2025

GOUTAM BUDDHA DAS

VS

ASHIS KUMAR DAS AND ANR

Mr. Bhaskar Roy Mahayeya,

Ms. Ambalika Ghosh, Advocates

… … For the Petitioner

Mr. Bikramaditya Ghosh,

Mr. Ved Rai,

Mr. Mayank Bhandari,

Mr. Vivek Saha, Advocates

… … For the Opposite Parties

1. Revisional application is directed against Order No. 91 dated July 18, 2025 passed in Title Suit No. 29 of

2013.

2. By the impugned order, learned trial Judge, allowed an application under Order XXVI Rules 1 and 4 of the Code of Civil Procedure, 1908 read with Section 151 thereof. Learned trial Judge, allowed examination of a

defence witness on commission.

3. Learned advocate appearing for the petitioner submits that, the earlier application under Order XXVI Orders 1 and 4 of the Code of Civil Procedure, 1908 of the private opposite parties was allowed by the

learned trial Judge.

4. Aggrieved by such order, the revisional application was filed being CO 151 of 2023. The revisional application was allowed by the order dated December 3, 2024 by setting aside the order of the learned trial

Judge. He refers to the order dated December 3, 2023 of the High Court.

5. Learned ad