BASANTA COOMAR GOSWAMI Vs. KUMUDINI DASEE

JUDGEMENT

(1.) In this case I am asked to make an order upon the defendant to disclose certain documents and to allow inspection of them. The suit is one in which the plaintiff sues for commission in respect of a loan which was in feet never effected, but in respect of which the proposed borrower and lender were brought together. The defendant against whom the order is sought has already filed an affidavit of documents under Order XI, Rule 13. The plaintiff asks for discovery and inspection of the documents of which he has annexed a list to his affidavit.

(2.) He is met by an argument on the part of the defendant: that her affidavit of documents precludes any further application of this kind. This is an argument which I do not think is sustainable in this Court.

(3.) Looking at the policy of Order XI and at the language of Rule 18, para. 2, I do not think the defendant is thereby protected from an obligation to give inspection of other documents that may be proved to be in her possession.