GOBIND MOHUN DOSS Vs. KUNJA BEHARY DOSS

JUDGEMENT

(1.) We are invited in this Rule to set aside an order made by the Subordinate Judge of Dacca on the 25 May last under Order 11 Rule 14 of the Civil P. C. of 1908.

(2.) The petitioners before this Court are defendants in an action commenced by the Opposite Party in the Court of the Subordinate Judge for dissolution of partnership for accounts and for incidental reliefs. The suit was instituted on the 12 March and the 6 May was fixed for the settlement of issues. On that day the defendants entered appearance; upon their application time was granted to some for two months and to others for one month to enable them to put in their defence, and the 8 July was fixed for the settlement of issues. On that day the defendants applied to the Court to call upon the plaintiffs to produce the documents in their possession. The plaintiffs did not oppose this application and prayed that the defendants might be called upon to produce the papers in their possession. The Subordinate Judge recorded an order to the effect that it was apparent that both the parties viewed each other with suspicion, and as the partnership which was sought to be dissolved had apparently been in existence for nearly a century, it would be safe to have all the papers of the business before the Court and marked for identification. On the 10 May the plaintiffs made a formal application for an order upon the defendants to produce the account papers of the business and three days later they themselves produced in Court the documents in their own possession. On the 17 May the defendants filed their petition of objection in which they contended that the Court had no authority to call for the papers of a business which was held at a place beyond the local jurisdiction of the Court, that many of the papers mentioned in the list filed by the plaintiffs had no existence, that the production of the papers would dislocate the work of the business and cause irreparable injury and that in substance the application of the plaintiffs was not bona fide, and should not be entertained. On the 22 May, the plaintiffs filed their answer to this petition of objection and stated therein that on the 6 May the pleader for the defendants had stated in Court that there was no dispute that the defendants were partners, that the only matter in controversy between them was as to the extent of the share of each of the contending parties and that consequently time was needed to file their written statements. It was further alleged that the story now set up by the defendants that the plaintiffs had no interest in the alleged partnership business was an after-thought and ought not to be seriously entertained. The Subordinate Judge went very carefully into the matter and on the 25 May made the order which is now challenged before this Court. The material portion of this order is in the following terms: I (1) That the defendants shall produce all the collection papers of their taluks, zemindaries, and other landed property in their possession, of every fifth year or backwards from 1311. (2) that the defendants shall produce the jumakharach and khatian papers of the business, at every fifth year and backwards beginning from 1314. II. I appoint Babu Satis Chandra Chatterjee as Commissioner in this case. The defendants are directed to produce whatever papers, title-deeds, decrees, account- books &c, they have in their possession or in the possession of the pleaders, mukhtears or other persons except (1) and the Commissioner is directed to (a) make a detailed inventory giving a copy of the title-page of those papers; (6) sign and mark under date each page noting the interlineations at the bottom of each page; in case of a blank page to mark it as blank; (c) page mark each khuta and account-book; (d) impound any particular document which he may think important and bring the same before the Court after signing &c.

(3.) The order further gives directions as to the manner in which the Commissioner is to act so that minimum of inconvenience may be caused to the parties.