SANTI RANJAN DAS & ANR Vs. ANIKA GHOSAL

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The order impugned No. 104 dated 20.02.2013 reveals that the application under Order VI, Rule 17 of the Code of Civil Procedure filed on behalf of the defendant/petitioner which is at page 12 of the revisional application was rejected on the ground that it was filed before the learned Trial Court at a belated stage and not before the commencement of trial. It also reveals that this application was filed after examination of the P.W.1.

(3.) The learned Counsel for the petitioners, in course of hearing, pointed out that the proviso to Order VI, Rule 17 is not applicable to a suit which was filed prior to 1st July, 2002 and from the copy of the plaint, it appears that the original suit was filed before the learned Trial Court (Civil Judge (Junior Division) at Alipore in the year l994.