HARADHAN DUTTA Vs. BABUL CHANDRA

JUDGEMENT

(1.) THIS is an application under Section 115 of the Code of Civil Procedure and this is directed against the judgment and order dated 14. 9. 2001 passed by the learned Additional District Judge, Kandi, District Mursidabad in Civil revision Case No. 7 of 98/46 of 97 whereby he has confirmed the order No. 65 dated 2. 7. 1997 passed by the learned Munsif, Second Court, Kandi, District mursidabad in O. S. Case No. 65 of 1987 rejecting thereby an application dated 17. 5. 1997 for marking a document as an exhibit on behalf of the plaintiff.

(2.) THE fact of the case in short is that the plaintiff/petitioner filed the suit bearing O. S. No. 65 of 1987 for specific performance of a contract. The opposite parties were contesting that suit and they contended that there was no such agreement for specific performance of a contract. The suit was at the stage of recording evidence when the plaintiff/petitioner filed one damaged and torn paper purported to be the agreement for specific performance of a contract. He adduced evidence. Thereafter he filed an application for marking the xerox copy of the same as an exhibit, which was rejected by the learned munsif. Being aggrieved the plaintiff/petitioner preferred a civil revision which was also dismissed by the learned Additional District Judge, Kandi, Mursidabad by the impugned order. So the plaintiff/petitioner has preferred the present application under Section 115 of the Code of Civil Procedure.

(3.) HAVING considered the submissions of the learned Advocate for the parties and on going through the record, I find that the present revisional application is not at all maintainable because previously the plaintiff/petitioner filed the revisional application under Section 115a of the Code of Civil procedure before the District Judge, Mursidabad. Such an application under section 115 of the Code of Civil Procedure is not at all permissible before the hon'ble High Court, Calcutta in view of the Section 115a of the Code of Civil procedure. For that reason itself the plaintiff/petitioner is not entitled to get any relief at all. His application in the present form before the Hon'ble High court is not maintainable at all. In the circumstances, I hold that the present application under Section 115 of the Code of Civil Procedure is not maintainable at all. It should be dismissed accordingly.