- (1.) THE petitioner and the opposite party no.1, both doctors by profession, are presently settled abroad. While the opposite party no.1 is engaged in the United Kingdom, the petitioner is working as a pediatrician in Oman.
(2.) INCIDENTALLY, one is the spouse of the other. They are, however, engaged in a bitter fight in a suit for declaration and injunction instituted by the opposite party no.1 over property rights. The learned Civil Judge (Senior Division), 3rd Court at Alipore is in seisin of the suit registered as Title Suit No.11 of 2007, wherein the petitioner has set up a counter claim too. The real dispute between the parties is in respect of monies standing to the credit of various joint accounts maintained by them in different banks, specifically mentioned in the schedule of the plaint as well as in the counter-claim. The plaintiff/opposite party no.1 had the occasion to approach this Court by filing an application under Article 227 of the Constitution, registered as C.O. 1877 of 2010. He voiced a grievance that although the suit had matured for hearing as far back as in November, 2008 and a direction had been passed by the trial Court for day to day hearing of the suit, cross-examination of the plaintiffs witness, i.e. P.W.1 (the opposite party no.1 himself) had not been concluded.
(3.) C.O. 1877 of 2010 was moved on July 12, 2010 before a learned Judge of this Court. The Court was informed that the opposite party no.1 had come to India for giving his evidence in the suit and since he would be leaving India for the United Kingdom after July 23, 2010, the trial Court may be directed to fix a date before July 23, 2010 so that his crossexamination could be concluded before his departure. Accepting the submission of the learned advocate for the petitioner (opposite party no.1 herein), the application was disposed of by the learned Judge requesting the trial Court to fix a date before July 23, 2010 so that the cross-examination of P.W.1 could be concluded before he leaves the country. It was made clear that such order would become effective only if the same is intimated to the learned advocate on record of the opposite party no.1 (petitioner herein) in the trial Court immediately so that she is not taken by surprise regarding the direction contained therein.;