TARA SANKAR PAL Vs. DIPALI PATRA

JUDGEMENT

(1.) CHALLENGE is to the order no.100 dated September 22, 2004 passed by the learned Civil Judge (Junior Division), Fifth Court, Howrah in Title Suit No.115 of 1995 thereby rejecting an application of the plaintiffs under Order 16 Rule 10 of the Code of Civil Procedure.

(2.) THE plaintiffs/petitioners herein instituted a Title Suit being T.S. No.115 of 1995 for declaration and permanent injunction against the opposite parties. THE plaintiffs sought for declaration that the defendant no.1 is not the legally married wife and legal heir of late Lab Kumar Paul, full brother of the plaintiffs and that she has no right, title and interest in the suit plot, as described in the schedule of the plaint or any estate left by late Lab Kumar Paul. That suit is at the stage of peremptory hearing and the defendants/opposite parties herein are contesting the said suit. THE plaintiffs filed an application under Order 16 Rule 10 of the C.P.C. praying for summoning one Niranjan Patra as witness and that summons was refused by the said Niranjan Patra. THE contention of the defendants/opposite parties herein is that the said witness is not at all a material witness and that he is not a mentally fit person to adduce evidence. Upon consideration of the materials on record, the learned Trial Judge rejected the said application. Being aggrieved, this application has been preferred.