RAJIB SAHA Vs. MANJUR ALAM MALLICK AND ANR.

JUDGEMENT

(1.) The Court : The plaintiff-petitioner has taken out an application praying for direction to the defendants to deposit the original deed of gift of the property situated at Uluberia in the District of Howrah with the learned Registrar, Original Side on the ground that the said deed of gift was taken back by the defendants from the custody of the learned Registrar, Original Side without any order of the Court.

(2.) Mr.Sen, learned counsel for the plaintiff-petitioner contends that the defendant no.2 deposited two original deeds of gift dated March 27, 2009 with the learned Registrar, Original Side, as per direction of the Hon'ble Division Bench in appeal, for furnishing security to the tune of Rs.40 lakh in order to contest the suit. He further contends that the defendant no.2, being not a party to the suit, was permitted to be impleaded as the defendant in the said suit, so that the said defendant no.2 being the wife of the defendant no.1 can furnish the security to enable the defendant no.1 to contest the suit, in case the defendant no.1 is unable to furnish security for the entire amount of Rs.40 lakh. Mr. Sen further submits that the defendants had taken away the original deeds of gift from the custody of learned Registrar, Original Side after furnishing a bond without any order from the Court, and, as such, those original deeds of gift are to be returned to the custody of the learned Registrar, Original Side.

(3.) By referring to the judgment dated August 14, 2009 passed in APD No.78 of 2009 and a judgment dated March 24, 2010 passed in APOT No.26 of 2010, Mr.Ghosh, learned counsel for the defendants contends that the Hon'ble Division Bench has never given any direction to the defendants to deposit the original deeds of gift with learned Registrar, Original Side as security of Rs.40 lakh for contesting the suit. According to the learned Counsel for the defendants, filing of the bond or undertaking on behalf of the defendants is enough security in compliance with the direction given by the Appellate Court for contesting the suit.