Calcutta High Court
Narendra Kumar Berlia vs Om Prakash Berlia & Ors on 16 March, 2020
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
OD 2
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
CS 79 OF 2011
NARENDRA KUMAR BERLIA
Versus
OM PRAKASH BERLIA & ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date : 16th March, 2020.
Mr. Sarbapriya Mukherjee, Advocate ....for plaintiff Mr. Tanuj Kakrania, Advocate ....for defendants 1 & 2 Ms. Madhurima Halder, Advocate Ms. A. Mukherjee, Advocate ...for defendants 3,5 & 16 Ms. Iti Dutta, Advocate ....for defendant 4 The Court :- The parties are present. The plaintiff's witness is present for being further cross-examined. The defendant nos. 1 and 2 had commenced cross-examination of the plaintiff's witness. Mr. Tanuj Kakrania, Advocate is present on behalf of defendant Nos. 1 and 2 but he says that his instruction is not to proceed with the cross-examination in absence of his seniors who are not before the court even at the second call. This is not a case where an order is 2 passed in the absence of a party but a case where a party has willingly chosen not to cross-examine the witness despite being present.
Subject to payment of costs assessed at 300 GMs. payable to the State Legal Services Authority the matter is adjourned till 15th April, 2020, when the plaintiff's witness, who is already on oath, shall be present for being further cross examined. Payment of cost is a precondition to allow the defendant Nos. 1 and 2 to further cross-examine the witness.
(ARINDAM MUKHERJEE, J.) GH .