VISHNU SUGAR MILLS LTD Vs. CHANDRIKA PRASAD

JUDGEMENT

(1.) This is a Plaintiff's Civil Revision preferred under Section 115 of the Code of Civil Procedure, 1908 (for short "the Code") arising out of an order dated the 30th January, 1990 passed by the Fifth Subordinate Judge, Gopalganj, rejecting the documents in respect of authorisation filed after the settlement of the issues. This case was earlier listed before Hon'ble Binod Kumar Roy, J., who feeling the significance of the question involved, referred it to be listed before a Division Bench. This is how this case has come up before us.

(2.) The factual matrix of the case in brief is that the Plaintiff-applicant has filed the suit claiming the relief for recovery of a principal amount of Rs. 18,265.66 Paise along with interest (including future and pendentilite) from the Defendant till the disposal of the suit. After close of the evidence, however, an application was filed by the Plaintiff-applicant that the document of authorisation may be accepted in evidence, but the said prayer was rejected by the impugned order. Against that order the present Revision has been filed. A preliminary objection was raised by the learned Counsel for the opposite party which was refuted by the counsel for the applicant.

(3.) The learned Counsel for the applicant urged that the provisions of Rules 1 and 2 of Order 13 of the Code may be read together with Order 18, Rule 17A of the Code. If these provisions are interpreted together, the applicant's application would have been allowed. He leaned heavily on a Single Judge decision of this Court in Adalat Choudhary V/s. Satan Choudhary and Ors., 1984 AIR(Pat) 223; Mahanth Som Prakash Das V/s. Sri Udasin Panchayati Akhara Bara and Ors., 1982 PLJR 486; and Baldevdas Shivlal and Anr. v. Filmistan Distributors (India) Pvt. Ltd. and Ors., 1970 AIR(SC) 406.