PRATAP KUMAR GANGULY Vs. ANINDITA GANGULY

JUDGEMENT

(1.) -The present Revisional application is directed against Order No. 76 dated 6th May, 1992 passed by the learned Additional District Judge, 14th Court, Alipore, in Matrimonial Suit No. 59 of 1988, whereby the learned Additional District Judge rejected an application preferred on behalf of the husband for expunction of Exhibits A and A-1 from the records of the case. The said two exhibits are a prescription and a medical certificate granted by Dr. Ranjit Kumar Panja, a well known Dermatologist and relates to the wife/opposite party. The said two documents were tendered to the husband while he was being cross-examined and on the basis of the statement made by him in cross-examination, these were marked as exhibits in the aforesaid manner.

(2.) It is pertinent to note, at this stage that the suit for divorce had been filed by the husband, inter alia, on the ground of cruelty, predominantly mental, by alleging that the wife/opposite party had boils and scars all over the body and was thus suffering from special type of skin disease which was incurable and the marriage was solemnized on suppressing such ailment.

(3.) The short question which has been raised in this Revisional application is as to whether the learned trial Judge should have allowed the prayer for expunction of these exhibits as inadmissible on the ground that the same should not constitute a part of the records without Dr. Panja being called to the witness box. The question, though apparently simple, has assumed a complex character by the ingenuity and forensic dexterity of the learned Advocates, representing the contesting parties, and as a result of their endeavour to interprete the large number of decisions, cited in justification of their respective submissions and view points. For the purpose of record, we may state that the following decisions were cited in course of hearing. AIR 1972 SC 608; 1943 PC 83; 1973 Cal 325; 1950 Cal 173; 1964 SC 1625; 1972 SC 975; 1937 Madras 407(08); 1961 Guj 196; 1937 Cal 697; 1962 Bombay 229; 1978 Raj 190; 1960 SC 1006; 1966 All 570; 1934 PC 83; 1983 LIC 1285; 81 CWN 31; 21 CWN 345.