NANDA LAL ROY Vs. SRIKANTA SAHA

JUDGEMENT

(1.) This petition is directed against the order dated 30th November, 2015 passed by the learned Civil Judge, Sr. Division, Court No.1, West Tripura, Agartala in case No. M.S 23 of 2009 whereby the learned trial Court rejected the application filed by the defendants praying that they may be granted opportunity to produce the witness-D.W-4, Superintendent of Sale Tax, ChargeIV, Agartala, Tripura West and also prayed that summon be issued upon the said witness to appear in Court.

(2.) The Court has rejected this application mainly on the ground that since vide its earlier orders it has rejected the similar prayer, therefore, the remedy of the petitioner lies only before the higher forum and not before the trial Court.

(3.) It is not disputed that Sri Mridul Sengupta, Superintendent of Sale Tax, Charge-IV, Agartala, Tripura West was produced by the defendants themselves. He was examined as D.W-4 and his statement was partly recorded on 31.07.2015. At that stage, the defendants filed an application praying for a direction that the said Superintendent of Sale Tax should produce certain documents especially the documents relating to deposit of sale tax by Bholanath Bricks Industries, defendant No.2 for the period from 08.12.2004 to 31.03.2005. For this purpose the examination of the D.W-4 was deferred till disposal of the application.