15 23.02. CALCUTTA HIGH COURT

2026 IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE JURISDICTION.

Ct. No.04 Ab CO 236 of 2025 Sri Bharat Bhusan Pincha Vs.

Sri Bikash Kr. Pincha and others.

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Mr. Amales Roy, Mr. Nigam Mittal, Ms. Akshita Chhetri. … for the applicant. Mr. Satyam Sarkar, Mr. Debayan Goswami.

… for the opposite parties.

1. The applicant, one of the defendants in a partition suit being Title Suit (Partition) No. 80 of 2023, is aggrieved by the order passed by the learned trial Court on August 29, 2025.

2. By the impugned order, the learned trial Court has held certain documents, evidence of a gift made by the mother of the applicant, the defendant no. 1 in the title suit, to the applicant’s wife. Such bequest has been challenged by the plaintiffs as no documents were produced in support of such contention nor any particulars provided of such alleged deed.

3. The learned trial Court has proceeded to allow the application under Order XI Rule 14 of the Code of Civil Procedure, 1908 (hereinafter in short ‘CPC’) in favour of the plaintiffs declaring that the property in question, for which the Deed of Gift has been executed, as part of the suit property.

4. I have heard lear