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Ramnarain Roy Chowdhury and Another Vs Biswanath Banerjee

Date of Decision: Jan. 13, 1928

Citation: 112 Ind. Cas. 456

Hon'ble Judges: Zahid Suhrawardy, J; Graham, J

Bench: Division Bench

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Judgement

1. We think that in this matter the proper order to be passed is this: The examination of the petitioner (defendant No. 2 in the suit) will be

postponed till the evidence on the side of the plaintiff is closed. Then if the petitioner does not offer herself for examination an the side of the

defendants, the plaintiff will be at, liberty to examine her, as his witness. The learned Counsel for the petitioners gives an undertaking that she will

be available at Dacca for examination by the plaintiff at the stage that we have indicated. By this order we do not mean to suggest; that he must

necessarily be examined. The Rule is made absolute in these terms.

2. The costs of the ""Rule will be costs in the cause. We assess the hearing fee at five gold mohurs.