ARINDAM BOSE Vs. SARVADEVA PAUL MAJUMDAR

JUDGEMENT

(1.) The revisional application arises out of an order dated July 1, 2023 passed by the learned Additional District Judge, 14th Court at Alipore in original suit No.6 of 2008. An application under Sec. 151 of the Code of Civil Procedure, filed by the opposite party No.1, praying for his recall and re-examination was allowed. The opposite party No.1 is the propounder of his father's Will and plaintiff in the suit. He was examined as PW2 in the suit. His evidence stretched over from August 2010 to October 2011. His evidence was closed and he was discharged.

(2.) The petitioner is a contesting defendant in O.S. No. 11 of 1995, now renumbered as O.S. No.6 of 2008. The suit is for grant of probate of the last Will and Testament of late Sailesh Paul Majumdar, executed on October 7, 1991. The proceeding became contentious. The petitioner is the heir and legal representative of the original defendant No.2 late Sima Bose, having been duly substituted after her demise. The petitioner's father late Sukalyan Bose, also expired.

(3.) The learned court allowed the application filed by the opposite party No.1 on the ground that a similar application was allowed by an order dated April 13, 2018 which permitted re-examination of Biswanath Santra, PW 3 (since deceased). The opposite party No.1 wanted to prove a document by tendering the same to PW3, which was a handwritten instruction given to PW3 by the testator with regard to the manner in which the testator wanted to settle the property. As Biswanath Santra, PW 3 passed away, the learned court was of the view that the opposite party No.1 should be recalled to prove the document in place of the learned Advocate who had been handed over the document by the testator. The court held that no prejudice would be caused to the defendants in the suit. Thus, there was no impediment on the part of the learned court to allow such an application.