Calcutta High Court
Anindita Mitra vs Pradip Ghosh on 30 August, 2016
Author: Shivakant Prasad
Bench: Shivakant Prasad
ORDER SHEET
TS 7 of 2008
GA 2560 of 2016
IN THE HIGH COURT AT CALCUTTA
Testamentary and Intestate Jurisdiction
ORIGINAL SIDE
IN THE GOODS OF:
LILY GHOSH (DEC.)
-AND-
ANINDITA MITRA
Versus
PRADIP GHOSH
BEFORE:
The Hon'ble JUSTICE SHIVAKANT PRASAD
Date : 30th August, 2016.
Appearance:
Ms. Debjani Ghosh, Adv.
...for the plaintiff.
Ms. Indrani Chakraborti, Adv.
...for the caveator.
The Court : Ms. Indrani Chakraborti, learned Counsel appearing for the caveator submits that the caveator has not made contact with her in spite of the notice given by her to him and he has refused the notice given at her end. Therefore, she wishes to retire from this case. Let it be so recorded.
The learned Counsel for the plaintiff appears and submits that the probate suit has been initiated at the offer of 2 the client and in compliance with this Court's order the Commissioner has already examined the doctor, being the attesting witness, to the Will. It is also pointed out that the executor of the Will namely Anindita Mitra is very sick and she needs be examined on commission and for that an application being GA No.2561 of 2016 has been filed incorporating the said fact and prays for orders for de bene esse examination on any day convenient as expeditiously as possible on commission at her residence at 49/2, Hindustan Park, Kolkata - 700 029 at the cost of the plaintiff. It is also submitted that a fit and proper person be appointed as Special Officer at a remuneration fixed by this Court the evidence of the plaintiff would be recorded within the particular time frame as directed by this Court. In support of her case, the plaintiff has invited my attention to the certificate of Dr.Arijit Roy Choudhury which reflects that Ms. Anindita Mitra has been suffering from type 2 diabetes and advised her to stay at home and avoid walking outdoors to prevent fall.
Ms.Soma Chakraborti, advocate was appointed as advocate Commissioner for the purpose of taking down the evidence of the executor vide order dated 25th July, 2016 in GA No.2139 of 2016. Therefore, this Court is pleased to appoint Ms.Soma Chakraborti, advocate to take down evidence of the plaintiff, Ms. Anindita Mitra on the said terms vide order dated 25th July, 2016. 3
Having considered the medical certificate and the contention as made in the application and upon hearing the learned Counsel for the plaintiff, the application being GA No. 2560 of 2016 is considered and allowed.
The application being GA No.2560 of 2016 is disposed of without any order as to costs.
The learned advocate Commissioner shall conclude the commission and shall submit the report within four weeks from date.
(SHIVAKANT PRASAD, J.) sp2.