KAMAL PAUL Vs. BIJOY PAUL

JUDGEMENT

(1.) The petitioner before this Court is a defendant in a suit for partition and is aggrieved by the Order dtd. 21/09/2022 and 14/11/2022 passed by Learned Judge Small Causes Court Sealdah. in Title Suit No - 42 of 2017. The case of the petitioner may be summed up thus: 1. The plaintiff/respondent no-1 filed a suit for partition before the Learned Small Causes Court at Sealdah being T.S. No - 42 of 2017.

(2.) The petitioner/defendant no-2 entered appearance in the suit by filing a written statement. The issues to the suit were framed and the plaintiff concluded his examination in chief and cross examination.

(3.) The Learned Trial Court fixed a date for Defendant's Witness on 1/8/2022 and the Petitioner/defendant no - 2 was not able to appear before the said Court for his evidence on the said date and thereafter another date was fixed on 22/8/2022. Again the date was fixed on 19/9/2022 when due to resolution of local bar function of the Court could not be held and thereafter 21/9/2022, was fixed for evidence of the Defendant's Witness.