BISHNUPADA HALDER Vs. ANANTA KUMAR NASKAR

JUDGEMENT

(1.) This revisional application is directed against an order no. 142 dated July 24, 2006 passed by the Civil Judge (Junior Division) 2nd Additional Court Diamond Harbour.

(2.) The opposite party as plaintiff instituted Title Suit no. 228 of 1980 which was renumbered as Title Suit no. 76 of 2004 praying for a decree for declaration that the kobala, in dispute, is not a sale but loan in substance preliminary decree of accounts as consequential relief.

(3.) Since a specific point was taken by the petitioner in the argument that the opposite party no. 1 has not laid any evidence on the point of the rate of interest, at such stage the opposite party no. 1 filed an additional affidavit-in-chief with a prayer to accept the same. In the said additional affidavit-in-chief the opposite party no. 1 sought to contend that he took the loan which carries an interest @ 18% p.a. The petitioner vehemently opposed the said application. The trial court allowed the said application on the ground that the opposite party no. 1 shall get a fair chance to prove his own case and there is no possibility of being prejudiced on the part of the petitioner.