LAWS(CAL)-2019-4-193

TARUN KUMAR DUTTA Vs. RAJU PAL

Decided On April 17, 2019
Tarun Kumar Dutta Appellant
V/S
Raju Pal Respondents

JUDGEMENT

(1.) The revisional application is at the instance of the defendants in a suit for partition. Sept. 28, 2018 was the date fixed in the suit for cross-examination of P.W. 1 by the defendants. On the said date the defendants prayed for adjournment of the hearing of the suit on the ground that the conducting advocate of the defendants is ill and a medical certificate was filed in support of the application for adjournment. The learned trial Judge closed the evidence of P.W. 1 after rejecting the said application for adjournment.

(2.) Mr. Sen, learned counsel appearing on behalf of the petitioners submits that the application for adjournment was rejected by the learned trial Judge on the ground that the medical certificate filed by the defendants in support of the said application was not the medical certificate regarding the illness of defendant by completely overlooking that application for adjournment was filed on the ground of illness of the learned advocate of the defendants and that is why a medical certificate was filed regarding the illness of the said learned advocate.

(3.) On perusal of the order impugned it appears that the learned trial Judge has dismissed the application for adjournment holding that the medical prescription filed with the said application is not belonging to the defendants. On perusal of the application for adjournment and the medical certificate annexed thereto it appears that the adjournment was sought for on the ground of illness of the learned conducting advocate for the defendants and the medical certificate annexed to the said application was regarding the illness of the said learned advocate.