TAPAN KUMAR MONDAL Vs. MAHATHIRTHAM SOCIETY REGISTERED

JUDGEMENT

(1.) The revisional application arises out of an order dated April 21, 2022 passed by the learned Civil Judge, Senior Division 4th Court, Alipore, in Title Suit No.410 of 2011.

(2.) By the order impugned, the learned Court rejected an application dated March 24, 2022 filed by the petitioner in connection with Title Suit No.410 of 2011 under Order 18 Rule 17 of the Code of Civil Procedure. The petitioner is the plaintiff in the said suit.

(3.) According to the learned Court, the application under Order 18 Rule 17 of the Code of Civil Procedure could not be allowed as the defendant's witnesses had already been examined and discharged in the said suit. The Court held that the suit was at the stage of arguments. After closure of evidence of both the parties, the application filed by the plaintiff seeking to tender the affidavit-in-chief prepared in connection with another suit, being Title Suit No.972 of 2011, was liable to be rejected. The said evidence was not relevant for adjudication of the suits. The two suits were being tried analogously and the affidavit-in-chief need not be tendered in Title Suit No.410 of 2011. It would serve no purpose. The provisions of Order 18 Rule 17 of the Code of Civil Procedure could not be pressed into action in such a situation.