Calcutta High Court (Appellete Side)
Godavari Mercantile Private Limited vs M/S Rnr Enterprise & Anr on 17 January, 2017
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
1 (07) 17.01.2017
(p.j.) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 2549 of 2016 Godavari Mercantile Private Limited
-versus-
M/S RNR Enterprise & anr.
Mr. Utpal Bose
Ms. H. Chakraborty
Mr. Pramad Bagaria ...for the petitioner
Mr. Sabyasachi Bhattacharya
Mr. Shiv Shankar Banerjee
Mr. J. Mukherjee
Mr. B. Kumar
Mr. Arik Banerjee
Mr. Shounak Ghosh
Mr. Dipak Kr. Bhattacharjee
Mr. Sudipta Das
... for the opposite parties
The subject-matter of challenge in this revisional application is the order dated May 23, 2016 passed by the learned Civil Judge (Senior Division), Baruipur, South 24-Parganas in Title Suit No. 148 of 2006. By the impugned order, the learned Court below has rejected the application filed by the petitioner, as the plaintiff in the said suit, to tender a computer generated accounts produced by it.
Undisputedly, the said computer generated accounts has not been prepared by any of the parties to the suit and the same is a third party document. The plaintiff petitioner did not take any 2 step to prove the said document as per Section 65B of the Evidence Act, 1872. Accordingly, I do not find that the learned Court below has committed any error of law in rejecting the application filed by the plaintiff petitioner.
So, there is no merit in the revisional application and the same stands rejected. Before parting with the matter, it is clarified that dismissal of the present revisional application shall not prevent the plaintiff petitioner to file appropriate application before the learned Court below to prove the said computer generated accounts, although a third party document, after fulfilling the requirements under Section 65B of the Evidence Act, 1872.
Needless to mention that the defendants opposite parties will be entitled to file their objection to the said application.
It appears that the suit filed by the plaintiff petitioner is pending disposal for a long time since the year 2006. Therefore, the learned Court below is requested to make an endeavour for early disposal of the suit, subject to the business of the Court.
With the above directions, CO 2549 of 2016 stands disposed of. However, there shall be no order as to costs.
Certified website copy of the order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.
(Ashis Kumar Chakraborty, J.)