Calcutta High Court (Appellete Side)
Madan Mohan Chowdhury vs Mamata Chowdhury & Ors on 14 February, 2022
Author: Biswajit Basu
Bench: Biswajit Basu
14.02.2022 (S/L-16) Ct.-18 (Susanta) (Via Video Conference) C.O. 1884 of 2019 Madan Mohan Chowdhury
-Vs-
Mamata Chowdhury & Ors.
Mr. Uttiya Roy, .... For the Petitioner.
Mr. Birendra Kumar Sing, Mr. Krishna Deo Das, ... For the Opposite Parties.
The revisional application under Article 227 of the Constitution of India is at the instance of the plaintiff in a suit for partition and is directed against the order no. 29 dated December 1, 2018 passed by the learned Civil Judge (Senior Division), Purba Burdwan in the said suit being Title Suit No. 22 of 2015.
The defendants delivered interrogatories by an application under Order XI Rules 2 & 4 of the Code of Civil Procedure to be answered by the plaintiff. The learned Trial Judge by the Order No. 14 dated September 03, 2016 allowed the said application, in pursuance whereof the petitioner answered not only to the interrogatories so delivered but also supplied copies of the documents relating to such interrogatories.
The defendants thereafter filed another application for delivery of further interrogatories in respect of two plots of land. The petitioner objected to answer the said interrogatories inter alia on the 2 ground that the same are irrelevant and in respect of the properties which are not involved in the connected partition suit.
Record reveals that the interrogatories are in respect of Plot No. 1136 and 1140 but there is nothing on record to suggest that interrogatories delivered by the defendants are relevant for deciding the issues involved in the suit.
The learned Trial Judge, by a completely unreasoned order, allowed the second application for delivery of interrogatories without dealing with the objections raised by the plaintiff to answer those interrogatories.
The order impugned, therefore, is not sustainable and is accordingly set aside.
The second application filed by the defendants for delivery of interrogatories is rejected.
C.O.1884 of 2019 is allowed without any order as to costs.
The learned Trial Judge is directed to dispose of the connected suit in accordance with law, as expeditiously as possible, without granting any unnecessary adjournment to either of the parties.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)