AMAR NATH ASH Vs. MAHADEO SARAF

JUDGEMENT

(1.) This Rule is at the instance of the Defendants and it is directed against Order No.17 dated June 13, 1977 of the Learned Judge, City Civil Court, Calcutta. By the said order of the learned Judge directed that the prayer of the petitioners/defendants for inspection of documents would be allowed after the filing of written statement by them. The learned Judge directed the petitioners to file written statement by July 5, 1977 which has long expired.

(2.) Before us, it has been stated on behalf of the defendants that they want inspection of only two bills being bil Nos.134/72 dated 21.8.72 for Rs.2074.41 p. and 135/72 dated 21.8.72 for Rs. 2075.01 p. The petitioners do not claim inspection of other documents in respect of which a prayer was made in that regard in the court below. It may be stated here that the opposite party referred to certain documents including the above two bills in the plaint. The petitioners prayed for inspection of those documents before they filed their written statement.

(3.) The learned Judge seemed to have thought that so long as the written statement was not filled by the petitioners no inspection could be granted to them as prayed for.