Calcutta High Court
Dinendra Kumar Bose vs Tapan Kumar Bose & Anr on 26 August, 2016
Author: Debangsu Basak
Bench: Debangsu Basak
ORDER SHEET
GA No. 2285 of 2016
TS No. 21 of 2016
IN THE HIGH COURT AT CALCUTTA
TESTAMENTARY AND INTESTATE JURISDICTION
IN THE GOODS OF :
NIRMAL NALINI DASSI (D)
AND
DINENDRA KUMAR BOSE
VERSUS
TAPAN KUMAR BOSE & ANR.
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date : 26th August, 2016.
Appearance:
Mr. Reetobrata Kumar Mitra, Adv.
Mr. Deb Kumar Sen, Adv.
Mr. Sabyasachi Sen, Adv.
Mr. Amitava Das, Adv.
Mr. Debdut Mukherjee, Adv.
Mr. Tapan Sil, Adv.
The Court :- This is an application for appointment of an Advocate-Commissioner for the purpose of taking evidence.
The proceedings are pending since 1992. Due to paucity of time of the Court, and on various other factors, the testamentary suit could not be taken up for hearing.
In such circumstances, interest of justice would be sub-served by allowing the parties to adduce evidence before the Advocate- Commissioner.
Mr. Anubhav Sinha, learned Advocate, member of the Bar Library Club, is appointed Commissioner for the purpose of taking evidence. The parties will adduce evidence before him. The remuneration of the Advocate- Commissioner is fixed at 100 G.Ms. per day.2
The evidence will commence on and from August 30, 2016. The evidence already taken in Court will be treated as de bene esse. The Commission will commence and continue during working hours and working days of this Hon'ble Court on a day to day basis without any adjournment on and from August 30, 2016.
The Advocate-on-Record for the plaintiff will obtain delivery of the cause papers along with any documents exhibited after issuing valid receipt in respect thereof in favour of the Registrar, Original Side. He will be personally responsible for such documents. He will return such documents on the completion of the commission. Learned Advocate-on-Record for the plaintiff will also be responsible for all documents marked as exhibits and for identification, if any, in the proceeding before the Commissioner. He will return such original exhibits and the documents marked for identification, if any, along with the original cause papers on the completion of the evidence.
The costs of commission will be shared equally by the parties. The parties will provide all necessary assistance to the Advocate-Commissioner including secretarial assistance.
GA No. 2285 of 2016 is disposed of.
List TS No. 21 of 2016 on September 16, 2016 under the heading "For Arguments"
(DEBANGSU BASAK, J.) snn.