- (1.) THIS Rule is directed against order No. 57 dated january 13, 1977 of the Subordinate judge, 1st Court, Alipore, directing the defendant-petitioner, the Food Corporation of India, to produce certain documents for the inspection of the plaintiff-opposite party.
(2.) THE suit out of which this Rule arises has been instituted by the opposite party, praying for a decree for Rs. 96,880. 34 with interest at 12% per annum. The case of the opposite party is that he was appointed by the petitioner as a transport contractor to carry foodstuffs by boat to different places within the district of 24-Parganas and the neighbouring districts of west Bengal, from the railway sidings to food depots. According to the movement orders given by the authorities of the Food Corporation of India, goods were being carried by the opposite party from one place to another and bills were being handed over to the! representatives concerned. They were accepted for payment after verification. It is alleged that after final adjustment of the running account as on July 12, 1971, the petitioner is liable to pay a balance sum of Rs. 96,880. 34. As the petitioner had failed to make the payment, the opposite party filed the suit.
(3.) THE plaint was amended by the order of the learned Subordinate Judge on September 2, 1974 and certain statements in paragraph 2 (a) was inserted. Paragraph 2 (a) is as follows : "regarding the belated claim of the defendant in respect of the sinking of the Boat with load as alleged the plff. claims that it was an act of God which could not be prevented in spite of the due care and diligence on the part of the plff. As a matter of fact the defendant was satisfied that the said accident was due to an act of God as will be found inter alia from the letter of the dfdt. addressed to the District Manager (South) with copy sent to the plff. being No. G/9 (4)/69/rc/1202 dt. 22. 5. 70. In the circumstances the dfdt. is not entitled to deduct any sum from the amount of the bills already submitted to the plff. on any account whatsoever. ";