GOPAL CHAKRABORTY Vs. SABITAMOYEE GHOSH

JUDGEMENT

(1.) This Rule arises out of an application under Section 115 of the Civil P. C. and is directed against Order No. 12 dated August 19, 1981 passed by the Judge, Second Bench, City Civil Court, Calcutta in Title Suit No. 2471 of 1980 rejecting a petition made by the defendant-petitioner Gopal Chakraborty under Order 6, Rule 5 of the Code.

(2.) Facts of the case shortly are that the Plaintiffs-opposite parties filed a suit in the City Civil Court against the petitioner herein for a decree declaring that the defendant has no right to enter into or possess the shop room, decree for accounts and a decree for possession and for other reliefs ancillary thereto.

(3.) The defendant before filing the written statement made an application for particulars. The learned Judge dismissed the said application stating that "in the garb of better particulars the defendant wants the plaintiffs to disclose their evidence before the defendant has filed his written statement." __