Calcutta High Court (Appellete Side)
Asit Baran Mahato vs Anil Baran Mahato & Ors on 25 August, 2015
Author: Harish Tandon
Bench: Harish Tandon
1 25.08.2015
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Item No.18 C.O. 2471 of 2015 Asit Baran Mahato Vs. Anil Baran Mahato & Ors.
Mr. Kaushik Dey.
... for the petitioner.
The affidavit as to examination-in-chief was served upon the petitioner on 22nd June, 2015 and the Court insisted for the cross- examination without affording an opportunity to the petitioner to pursue and go through the statements made therein and surreptitiously closed the evidence as the petitioner prayed for time.
This Court, therefore, finds that a prima facie case is made out.
The petitioner is directed to serve the copy of the revisional application upon the plaintiff/opposite party by speed post as well as upon the learned advocate representing him in the Trial Court by personal service and shall file affidavit of service on the next date.
So far as the other opposite parties are concerned, the service of the revisional application upon them stand dispensed with.
The revisional application shall appear after three weeks in the supplementary list under the heading "Motion".
There shall be stay of all further proceeding in Title Suit No. 169 of 2013 pending before the learned Civil Judge (Junior Division), 1st Court, Khatra, for a period of six weeks from date or until further order, whichever is earlier.
ab (Harish Tandon, J.)
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