JATISH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Rule was issued at the instance of the Plaintiff of a money suit who brought it against the State of West Bengal claiming Rs. 200 as damages against the State on the ground of some alleged illegal confinement. The suit was contested by the State and while the suit was in progress in the trial court, tie Plaintiff served some interrogatories upon the State and prayed for a direction from the trial court that the Defendant State might be ordered to answer the interrogatories. The interrogatories were answered in part, but not in full by the State on December 10, 1953, on whose behalf one Shri B.N. Sen, a Deputy Magistrate and Deputy Collector of Ghatal, swore an affidavit. It is stated as follows in "the concluding portion of the affidavit:

(2.) These "other points" relate to the source or sources from which the District Magistrate of Midnapore was satisfied about the alleged subversive activities of the Plaintiff of this suit and some other persons who were associated with the alleged subversive activities. An objection was taken by the Plaintiff to the answers furnished by the affidavit of Shri B.N. Sen as being vague and insufficient. "When the matter came up for consideration before the trial court on January 4, 1954, that court recorded an order that the answers were sufficient for disposing of the relevant questions involved in the suit and in that view of the matter, the objection of the Plaintiff was rejected. The Plaintiff has come up to this Court in revision, being aggrieved by the said order.

(3.) After hearing Mr. Sen, at some length on behalf of the Petitioner and after hearing Mr. Das on behalf of the State. I am of opinion that the order of the learned Munsif cannot be sustained.