MALAY ACHARYA Vs. SMT. SAMPA ACHARYYA

JUDGEMENT

(1.) The instant revisional application under Article 227 of the Constitution of India has been filed questioning the propriety of the Order No. 63 dated 12.05.15 passed by the learned Civil Judge (Senior Division), 2nd Court, Barasat in T.S. No. 69 of 2007.

(2.) The background of the instant revisional application is that the plaintiff/opposite party filed a suit for eviction against the petitioner herein along with other consequential reliefs where the defendant/petitioner by filing written statement contested the suit with a counterclaim. The Trial Court decreed the suit, but dismissed the counterclaim of the defendant. Against the said judgement and decree, an appeal was preferred and the learned Appellate Court while disposing of the appeal by order dated 17th February, 2012 set aside the same and the case was sent back on remand to the Trial Court with a direction to rehear the matter afresh. The direction of the learned Appellate Court is quoted below:-

(3.) Learned counsel appearing for the petitioner in course of hearing drew my attention to an application dated 18.12.12 filed on behalf of the plaintiff/opposite party and pointed out that in terms of the direction of the learned Appellate Court, the opposite party herein applied for tendering evidence in the form of examination-in-chief on affidavit and to produce documents for admitting the same in evidence.