BHASKAR MONDAL Vs. BISWAJIT CHAKRABORTY

JUDGEMENT

(1.) The plaintiff in a suit for recovery of possession has taken out the instant application under Article 227 of the Constitution of India against an order dated September 15, 2015 whereby the trial court rejected an application filed by the plaintiff/petitioner, thereby praying for permission to re-examine the plaintiff 's witness (P.W.1) on recall on the questions set forth in the said application itself.

(2.) In the impugned order, the trial court recorded that on the previous date of evidence, the P.W.1 Bhaskar Mondal had submitted a photocopy of a tenancy agreement dated July 15, 1987 which was marked 'X ' for identification. The photocopy of a rent bill was also submitted by P.W.1.

(3.) On August 10, 2015, the P.W.1 was cross-examined and evidence was closed. The trial court further recorded that, in his cross-examination, the P.W.1 admitted that he had not received any counterfoil of the rent bill and also did not have the original certified copy of the said agreement dated July 15, 1987.