Subrota Ghosh v. Bibhuti Bhusan Dutt Estates Pvt Ltd

29.07.2025 rc/ct.no.06 Item No.27 C.O.No. 2648 of 2025 Subroto Ghosh

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Bibhuti Bhusan Dutt Estates Pvt. Ltd.

Mr. Rachit Lakshmani Mr. Dipankar Halder ...for the petitioner This application under Article of the Constitution of India is at the instance of the defendant and is directed against an order dated May 08, 2025 passed by the learned Judge, 13th Bench, City Civi9l Court, Calcutta in Title Suit No. 788 of 2022. By the impugned order, the application under Order VII Rule 14 of the Code of Civil Procedure was allowed subject to payment of cost.

Learned advocate for the petitioner submits that inspite of a direction passed by the learned trial Judge by the order impugned, the copies of documents have not yet been served upon the petitioner herein. He further submits that the cost has also not been paid to the petitioner herein.

This Court finds that the documents were filed along with the plaint and previously the Court directed the opposite parties to serve copies of such documents upon the petitioner herein. It further appears from the impugned order that a direction has been passed upon the plaintiff/opposite party to serve the documents upon the

petitioner herein and the application under Order VII Rule 14 of the Code of Civil Procedure was allowed subject to payment of cost. If the cost are not tendered to the petitioner till date and the copies of the documents have not yet been served upon the petitioner in compliance with the impugned order, it will be open to the petitioner to take appropriate steps before the learned trial Judge in accordance with law. This Court does not find any infirmity in the order impugned warranting interference under Article 227 of the Constitution of India. With the above observations and directions the instant civil revisional application being C.O. No. 2648 of 2025 stands disposed of.

There shall be, however, no order as to costs. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Hiranmay Bhattacharyya,J)