Calcutta High Court (Appellete Side)
Fultusi Begam @ Jyotsna Begam vs Abu Bakkar Siddique And Others on 16 May, 2018
1 S/l. 16.05.
26. Bpg.
2018
In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. No.1132 of 2018 Fultusi Begam @ Jyotsna Begam Versus Abu Bakkar Siddique and others Mr. Lutful Hoque, Mr. Moniruzzaman.
...for the petitioner.
The plaintiff in a suit for declaration and injunction has taken out the present revision with the grievance that, by the order impugned, the petitioner's application for interrogatories was rejected merely on the ground of delay. It is pointed out that the suit just crossed the stage of framing of issues and had only reached the peremptory board when such application was made.
Learned counsel for the petitioner relies on Section 30 of the Code of Civil Procedure as well as Order XI Rule 1 of the Code to justify his submission 2 that the interrogatories can be sought for at any stage of the suit.
There is merit in the submission of learned counsel for the petitioner.
Accordingly, the petitioner will serve copies of C.O.1132 of 2018 on the opposite parties indicating that the matter will appear in the monthly list of August, 2018 for hearing.
There will be an order of stay of all further proceedings in Title Suit no.31 of 2016 pending before the court of Civil Judge (Junior Division), First Court at Kandi till the disposal of the revisional application.
The petitioner will file an affidavit of service on the next date of hearing.
(Sabyasachi Bhattacharyya, J. )