Arindam Mukherjee, J. - (1.) This Public Interest Litigation has been filed by ad advocate. The said advocate represented the defendant in a suit being C.S No.37 of 2008 (Abhishek Buchasia Vs. Mohan General Trading Company) filed in this Hon'ble Court. In the said suit, an application under Chapter XIIIA of the Original Side Rules of this Court being G.A No.1705 of 2008 was made. In the said application, directions for affidavit were given on 10th June, 2008.Subsequent thereto, an application being G.A No.2339 of 2008 was made for amendment of the plaint. The amendment was allowed by an order dated 22nd July, 2008 wherein the name of the petitioner appears as the advocate for the defendant. The application under Chapter XIIIA of the Original Side Rules of this Court was allowed by passing a decree in favour of the plaintiff in the sum of Rs.13,29,162 with an interest thereto @ 7% per annum from the date of the said order till payment. The plaintiff was also entitled to cost on account of the Court fees put in and a further sum of Rs.10,000/-. It will appear that the defendant whom the petitioner represented did not even file their affidavit in opposition in the Chapter XIIIA application despite there been directions for the same.
(2.) On 21st September, 2010, the petitioner representing the defendant applied to the Registrar, Original Side of this Court only for an urgent photostat certified copy of the order dated 21st September, 2010. There is no requisition for either drawing up and completion of the order or for the certified copy of such drawn up order.
(3.) The petitioner complains that the photostat certified copy of the order dated 21st September, 2010 was never provided to the petitioner or his client despite there being an application for the same. He further alleges that the said order was passed in a wrong cause title. The earlier two orders referred to hereinabove being respectively dated 10th June, 2008 and 22nd July, 2008 were passed by mentioning the name of the plaintiff as Abhishek Buchasia and Abhishek Bhuchasia respectively. The order dated 21st September, 2010 was passed by printing "Bhchasia" instead of Buchasia being the correct surname of the plaintiff as appears from the cause title of the plaint. He further submits that the typing error as to the surname of the plaintiff remained unnoticed to the petitioner and was noticed only on 14th August, 2015 in course of hearing of the execution application made by the plaintiff for executing the decree passed in the application under Chapter XIIIA of the Original Side of this Court.;