Calcutta High Court
Pabitra Kumar Basu & Anr vs The Calcutta Municipal Corporation on 29 July, 2009
Author: Patherya
Bench: Patherya
GA NO. 1983 OF 2009
CS No. 246 of 1999
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
PABITRA KUMAR BASU & ANR.
Versus
THE CALCUTTA MUNICIPAL CORPORATION
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 29th July, 2009.
APPEARANCE:
MR. GOUR ROYCHOWDHURY, ADV.
MS. LOPITA BANERJEE, ADV.
The Court : This is an application for extension of time for making
discovery. The case of the petitioners is that although by order dated 14th
February, 2000 discovery was to be made within three weeks therefrom and the
suits to be heard one after the other, discovery was not possible in view of
the laches on the part of its advocate-on-record who did not communicate the
said order or take steps for making discovery. In fact, change has been
taken from the erstwhile advocate-on-record sometime in January 2009.
Hence, the instant application has been filed after the new advocate-on-
record has been engaged and reliefs sought.
Counsel for the respondent disputes the case of the petitioners and
submits that it is only for seeking reliefs in this application that laches on the part of the advocate-on-record is imputed. The date when change was obtained has not been mentioned in the application filed. There is no 2 document to be disclosed by it as payments have been made and accepted by the applicants herein. Hence, no order be passed in the application.
Having considered the submissions of the parties and in view of AIR 1981 SC 1400 a litigant cannot suffer due to laches on the part of its advocate. Change has also been obtained from the erstwhile advocate-on- record and thereafter the said application has been filed. Accordingly there will be an order in terms of prayers (a), (b), ( c ) and (d) of the Master's Summons. Such cross-order for discovery as directed above be made within a fortnight from the date of this order and the affidavit-of- documents be filed within a week thereafter. Inspection forthwith. The parties will be at liberty to mention for early hearing of the suit.
As no affidavit-in-opposition has been filed the allegations contained in the petition is not admitted.
The respondents will be entitled to costs assessed at 50 G.Ms. All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
( PATHERYA, J.) kc.
A.R.(C.R.)