Sabyasachi Bhattacharyya, J. - (1.) The matter is taken up for hearing since both the contesting parties are represented. The present revisional application arises out of a probate proceeding. One Anima Sen having died leaving behind a Will, the petitioner initiated a probate proceeding as propounder, giving rise to Probate Case no. 58 of 2004. The said probate application subsequently turned contentious upon the opposite party no. 1 having opposed the same. The matter was thus registered as OC No. 2 of 2005. The Second Bench, City Civil Court at Calcutta granted probate ex parte on November 7, 2005. Subsequently, opposite party no. 1 took out an application for restoration of the suit, which was allowed, thereby restoring OC No. 2 of 2005 to its original file and number by setting aside the ex parte grant of probate. The petitioner adduced evidence in connection with the probate suit as plaintiff's witness no. 1 (P.W.1). Upon conclusion of the petitioner's cross-examination, one Rupak Gupta, the sole surviving attesting witnesses to the Will, adduced evidence as plaintiff's witness no. 2 (P.W.2). The said witness was cross-examined on at least three occasions over a period of several years.
(2.) On June 4, 2013, the said Rupak Gupta (P.W.2), was again crossexamined in part and such cross-examination was deferred on the prayer of the opposite party no. 1. At this juncture Rupak Gupta filed a petition praying for closing his examination as P.W.2. The grounds mentioned in such petition were, inter alia, that the said Rupak Gupta was working in Mumbai as a Senior Regional Sales Manager of a Private Company and that it was extremely difficult for him to obtain leave from office and attend Court. It was further stated in the petition that Rupak Gupta had, in the then recent past, undergone bypass surgery and was under medication and that his repeated visits to Kolkata to adduce evidence had taken a heavy toll on his health and that he had been advised by his doctors not to travel.
(3.) The Trial Court, vide order no. 79 dated June 4, 2013, deferred the crossexamination of P.W.2 till the next date that is August 8, 2013 and rejected the petition for closure of evidence.;