08.4.2026 Ct. no. 6 D/L.48 Samarpita IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION (Appellate Side)

C.O. 914 of 2025 Anil Kumar Gupta @ Anil Gupta Vs.

Asit Dutta Mrs. Shohini Chakraborty, Ms. Prajaaini Das … for the Petitioner Mr. Sagnik Chatterjee, Mr. Sayan Mukherjee … for the opposite party

1. This revisional application assails an order dated February 24, 2025, passed by the learned Civil Judge (Junior Division) 1^st Court at Durgapur, whereby, the petitioner’s application for modification/recalling of order no. 52 dated January 7, 2025 and an application under Order 26 Rule 10 read with Section 151 of the Code of Civil Procedure praying for taking of evidence on commission have been dismissed.

2. The petitioner is the plaintiff in Title Suit No.

3 of 2018. In the said suit, a learned advocate had been appointed as a Commissioner for conducting inspection in terms of an order passed on an application under Order 39 Rule 7 of the Code. Such Advocate-Commissioner was cited as a witness and was being examined as P.W.3.

3. Since P.W.3 was stationed beyond the jurisdiction of the Court, her evidence was supposed to be taken through virtual mode. On December 23, 2024 which wa