Calcutta High Court
Smt. Maya Roy Chowdhury vs Deo Kishan Mohta & Ors on 26 November, 2019
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
ORDER SHEET
CS 219 of 2005
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SMT. MAYA ROY CHOWDHURY
Versus
DEO KISHAN MOHTA & ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date : 26th November, 2019.
Mrs. Suparna Mukherjee, Mr.Sourav Sengupta, Mr. Aman Baid, Advocates for the plaintiff.
Mrs. Manju Agarwal, Mr. Bajrang Manot, Advocates for defendant no.1.
The Court : The suit is appearing for framing of issues. It is submitted on behalf of the plaintiff that the defendant no.1 has disclosed a bunch of documents which contains a report of the Commissioner of Partition. The photocopy of the said report so supplied to the plaintiff's Advocate is an incomplete document as the same does not contain the pages from 13 to 38. The plaintiff's Advocate has already called upon the Advocate for the defendant no.1 in writing to furnish a complete set of the said document. The Advocate appearing on behalf of the defendant no.1 submits that they are in possession of a photocopy of such document which does not contain the pages from 13 to 38. They further submit that this document originated from the plaintiff and the original of the same is lying with the plaintiff. The Advocate for the plaintiff disputes such submission as to the original being with the plaintiff.
It is further submitted by the defendant no.1 that the defendant no.1 has filed a suit before the City Civil Court being 2 Title Suit No.1194 of 2005 pending before the learned 3rd Judge, City Civil Court at Calcutta. The present suit is a counter-blast to such suit filed by the defendant no.1. The suit pending before the City Civil Court as submitted by the parties is at the stage of commencement of witness action. The parties agree that the suit pending before the City Civil Court may be transferred to this Court so that both the suits can be heard together and disposed of.
By consent of the parties, Title Suit No.1194 of 2005 is transferred to this Court to be disposed of from the stage it has reached before the City Civil Court. The instant suit is adjourned so that the records of the suit pending before the City Civil Court be transferred to this Court and the suit be renumbered. The Registrar, Original Side is directed to communicate this order to the Chief Judge, City Civil Court at Calcutta as also to the learned 3rd Judge, City Civil Court so that the records are transferred as expeditiously as possible.
List this matter on 17th December, 2019.
(ARINDAM MUKHERJEE, J.) pa