Calcutta High Court (Appellete Side)
Fultusi Begum @ Jyotsna Begum vs Abu Bakkar Siddique And Ors on 18 February, 2019
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1 2019 C.O. 1132 of 2018
4. Fultusi Begum @ Jyotsna Begum vs. Abu Bakkar Siddique and Ors.
Mr. L. Hoque Mr. Moniruzzaman ..For the petitioner.
Mr. P.P. Roy
Mr. A. Das ..For the opposite parties 1-5.
A question of law raised is as to whether interrogatories can be submitted by the plaintiffs after framing of issues in a suit. Section 30 of the Code provides that interrogatories can be delivered to the opposite party at any stage in the suit. However it is a matter of practice the same is done primarily before framing of issues since parties are expected to be very clear with the pleadings before trial.
It was noted herein that there is an order of discovery and inspection which the plaintiff did not avail. The issues have already been framed and the court below rejected the plaintiffs' application for interrogatories on such ground.
However, I am of the opinion that if any interrogatory and answer received would assist the court below to arrive at a proper conclusion on the matter, delay should not stand in the way of allowing such interrogatories.
In those circumstances and for the ends of justice, the interrogatories submitted by the plaintiffs in the court below shall be answered by the defendants within a period of one week from the date. Immediately thereafter and at the earliest convenience of the court, the evidence of PW 1 would have to commence. The hearing shall be conducted preferably on a day to day basis and 2 the court below shall attempt disposal of the application within three months from the date of receipt of the order.
C.O. 1132 of 2018 is disposed of.
Urgent photostat certified copy of this order be given to the parties, if applied for.
(Rajasekhar Mantha, J.)