Calcutta High Court (Appellete Side)
Abdur Rakib vs Serajuddin Momin & Ors on 26 August, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 460 26.8.2014
gd C.O. 2108 of 2014
Abdur Rakib
Vs.
Serajuddin Momin & Ors.
Mr. Hiranmoy Bhattacharyya
Mr. Shamim Ul Bari
..for the Petitioner
The plaintiff in a suit relating to an immovable property has challenged the order dismissing an application under Order XXVI Rule 9 of the Code after the evidence in the suit has been concluded.
An order of the present kind may be interfered with only in the extreme case and with considerable diffidence.
In this case, the trial court heard the evidence and even arguments and came to a finding that the attempt by the petitioner herein to have a Commissioner appointed was to fill up the lacuna in the evidence. Once the trial court indicates such impression, unless there is apparent perversity in the exercise of authority or discretion, such order would not call for any interference.
C.O. 2108 of 2014 is dismissed, but the petitioner is left free to urge whatever grounds may be available to the petitioner notwithstanding the dismissal of the application for appointment of Commissioner.
2There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Sanjib Banerjee, J.)