B.C.RAY, N.C.MUKHERJI
NAMITA DHAR – Appellant
Versus
AMALENDU SEN – Respondent
( 1 ) THIS Rule arises on an application under Section 115 of the Code of Civil Procedure and is directed against an order striking out defence on defendant's failure to comply with an order for making further discovery and an order refusing to vacate the said order by re-consideration of the matter under Section 151 of the Code of Civil Procedure.
( 2 ) THE facts of the case may briefly be stated as follows :--The opposite party filed a Money Suit against the petitioner. After the petitioner filed written statement the opposite party filed an application for direction to make discovery of documents that might be relied on by the petitioner. The petitioner through her husband made discovery of documents in her possession or power on 21st of April, 1972 stating therein that the most important document had already been filed in Court. Thereafter on the application of the opposite party for further discovery of documents, an order was passed on June 29, 1972 directing the petitioner to make further discovery on oath by way of supplying further particulars regarding the discovery made on behalf of the petitioner. As the petitioner being a lady and not being familia
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