SRI PRANAB DUTTA Vs. SMT. PARAMITA MANDAL

JUDGEMENT

(1.) Affidavit of service filed in Court today be kept with the record.

(2.) The defendant in a money suit has preferred the instant revisional application. In the said suit, the defendant/petitioner had taken out several applications, including an application under Order 7 Rule 14 of the Code of Civil Procedure complaining that the plaintiff/opposite party had not supplied copies of the documents, relied on by the plaintiff in the suit, to the petitioner. The said application under Order 7 Rule 14 of the Code was rejected on contest vide Order dated February 6, 2017 passed in the said suit. It was recorded in the said order, inter alia, that the plaintiff could not annex the copy of the documents relied as those were lying in a criminal case record.

(3.) The defendant/petitioner, prior to the order dated February 6, 2017 being passed, had already filed a written statement on December 19, 2016, thereby, inter alia, alleging that till that date no copies of the relevant documents, relied on by the plaintiff, had been supplied to the petitioner. In fact, the petitioner also reserved his right to take more comprehensive defence upon such copies being supplied.