Calcutta High Court (Appellete Side)
Kuddus Ali Midda & Anr vs Asit Krishna Saha & Ors on 16 March, 2026
16.03.2026
Item No.33 (DL)
Court No.06
AJ.
IN THE HIGH COURT AT CALCUTTA
CIVIL REVISIONAL JURISDICTION
C.O. 14 of 2026
<
Kuddus Ali Midda & Anr.
-Vs-
Asit Krishna Saha & Ors.
Mr. A. Khan,
Md. Y. Mondal,
Mr. P. Roy.
.....for the petitioners.
1.Affidavit of service filed in Court today is taken on record.
2. This revisional application is directed against an order dated December 22, 2025 passed by the learned Civil Judge (Junior Division), Ghatal, District : Paschim Medinipur whereby the petitioners' prayer for filing additional written statement has been turned down on the ground that the order dated December 09, 2024 passed by this Court in C.O. 1040 of 2019 did not provide for any opportunity of filing additional pleadings or to file any application for amendment.
3. Having heard the learned Advocate appearing for the petitioner and having considered the material-on-record, this Court is of the prima facie view that when this Court has framed an additional issue namely "whether the case is barred by partial presumption" with a direction upon the learned Trial Court to decide said issue along with other issues afresh after giving opportunity to both 2 the parties to adduce further documentary as well as oral evidence while observing that "in written statement, pre-emptee has not taken the plea of partial preemption", the learned Trial Court may not be correct in concluding that the additional issue framed by this Court should be decided without allowing the pre-emptee any opportunity to file additional written statement. This is so because there can be no evidence beyond pleadings.
4. Accordingly, there shall be stay of all further proceedings of J Misc. Case 37 of 2004 pending before the learned Civil Judge (Junior Division), Ghatal, District : Paschim Medinpur till the end of April 2026 or until further orders whichever is earlier.
5. The petitioner shall serve a copy of the revisional application along with a notice on the opposite parties intimating them that the matter shall be taken up next on March 30, 2026.
6. The petitioner shall file affidavit of service on the returnable date.
(Om Narayan Rai, J.)