SANCHITA BHATTACHARYA Vs. PARTHA SARATHI ROY

JUDGEMENT

(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.

(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.