Moushumi Bhattacharya - (1.) This application has been made by the defendant for issuing of Commission for the examination of the witnesses who are to depose for the parties to the suit.
(2.) It is the contention of the defendant that there are a total of 1798 documents disclosed by the plaintiff and the Judge's Brief of Documents is in five volumes. The substantial documentary evidence adduced by the plaintiff has been challenged by the defendant. The primary contention of Mr. Abhrajit Mitra, learned Senior Advocate, assisted by Mr. Jishnu Chowdhury and Mr. Sarvapriyo Mukherjee, is that the examination-in-chief of the plaintiff's first witness commenced on 20th November, 2018 and is yet to be completed. The examination-in-chief has taken eight days and is still not complete. Further, since the documentary evidence relied on by the parties runs into several volumes, the cross-examination of the plaintiff's witness can reasonably be expected to continue over a substantial period of time. The prayer is therefore that the plaintiff's first witness, one Mr. Anil Kumar Chiripal, may be examined on Commission together with the witness of the defendant. Mr. Mitra relies on Narendra Kumar Berlia vs. Om Prakash Berlia reported in AIR 2019 Cal 104 which was a decision under Order XXVI Rule 4-A of The Code of Civil Procedure where the Court allowed the prayer for Commission on the overriding on the touchstone of 'interest of justice or for the expeditious disposal of the case or for any other reason..' under Rule 4-A. Counsel submits that the plaintiff's witness resides within jurisdiction and there is no impediment for issue of Commission for examination of such witness.
(3.) Mr. Reetobroto Mitra, learned Counsel appearing for the plaintiff, opposes the prayer for Commission and submits the examination-in-chief has been concluded and that there would be 200 questions at most which should be asked in Court. Counsel submits that if the examination of the witnesses is done in Court, the hearing would be more expeditious than in Commission.;