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Judgment
The plaintiff in a suit for declaration and consequential reliefs in respect of immovable property has taken out the present revision against an order dated December 5, 2017, whereby an application for amendment of written statement has been allowed and the petitioner’s application under Order XI Rule 14 of the Code of Civil Procedure has been rejected as redundant.
It appears that the petitioner had initially sought for inspection of a document relied on by the defendants in their pleadings. Such document was initially described in the written statement as being one “for valuable consideration”. Subsequently, by the amendment allowed by virtue of the impugned order, such expression was altered to “deed of gift”. The trial Court was apparently of the opinion that the said amendment rendered the application of the plaintiff/petitioner under Order XI Rule 14 of the Code redundant.
There prima facie appears to be substance in the grievance of the petitioner that mere alteration of description of the relevant document, being described as one for valuable consideration initially, but later changed to a deed of gift, cannot have any bearing on the necessity of the defendants to produce such document.
As such, C. O. No. 800 of 2018 is required to be heard on such limited aspect. The petitioner is directed to serve a copy of this revisional application on the opposite parties, intimating the opposite parties that the matter will next appear in the monthly combined list of cases for the month of May,
2018.
There will be an order of stay of all further proceedings in Title Suit No. 112 of 2014 pending before the First Additional Court of Civil Judge (Junior Division), at Alipore, District- South 24 Parganas, till disposal of the revisional application.
The petitioner will file affidavit-of-service on the next date of hearing.