ACHIN BANDHU GUHA Vs. ASHIM BANDHU GUHA

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against an order being No. 96 dated 16th June, 2008 passed by the learned Additional District Judge, 10th Court at Alipore in Revocation Case No. 113 of 1995 which is being heard analogously with the Revocation Case No. 78 of 1997. By the impugned order the petitioner's prayer for recall of its witness as per Order 18 Rule 17 of the Code of Civil Procedure was rejected by the learned Trial Judge on contest. The learned Trial Judge held that the questions which the petitioner wants to answer by recalling its witness either have already been answered or are matters of record or are beyond his pleadings. The propriety of such an order is under challenge in this application before this Court.

(2.) Let me now consider as to how far the learned Trial Judge was justified in rejecting the petitioner's application for recall of its witness as per Order 18 Rule 17 of the Code of Civil Procedure in the facts of the instant case.

(3.) Two revocation proceedings were initiated at the instance of the petitioner. In one of such proceedings the petitioner applied for revocation of the probate granted in favour of the executor of the will left by his father. In the other proceeding the petitioner applied for revocation of the letter of administration granted in favour of one of his brother in respect of a will left by his mother. The grounds on which such revocation was prayed for, are almost similar in the both the aforesaid applications.