M. M. DUTT, D. C. CHAKRAVORTI, JJ. ( 1 ) THIS Rule is at the instance of the Defendants and it is directed against Order No. 17 dated June 13, 1977 of the Learned Judge, City Civil Court, Calcutta. By the said order of the learned Judge directed that the prayer of the petitioners/defendants for inspection of documents would be allowed after the filing of written statement by them. The learned Judge directed the petitioners to file written statement by July 5, 1977 which has long expired. ( 2 ) BEFORE us, it has been stated on behalf of the defendants that they want inspection of only two bills being bil Nos. 134/72 dated 21. 8. 72 for Rs. 2074. 41 p. and 135/72 dated 21. 8. 72 for Rs. 2075. 01 p. The petitioners do not claim inspection of other documents in respect of which a prayer was made in that regard in the court below. It may be stated here that the opposite party referred to certain documents including the above two bills in the plaint. The petitioners prayed for inspection of those documents before they filed their written statement. ( 3 ) THE learned Judge seemed to have thought that so long as the written statement was not filled by the petitioners no inspection could be granted to them as prayed for. ( 4 ) RULE 15 of Order XI of the Code of Civil Procedure provides, inter alia, that every party to a suit shall be entitled at any time to give notice to any other party, in whose pleadings or affidavits, reference is made to any document, to produce such document for the inspection of the party giving such notice, or of his pleader, and to permit him or them to take copies thereof. The Rule does not, therefore, specify any period of time within which an inspection can be asked for by a party. On the contrary, the Rule provides that such an inspection can be asked for by a party at any time. ( 5 ) IN our view, therefore, even though the petitioners have not filed the written statement, they will be entitled to ask for inspection of the documents which have been referred to in the plaint of the opposite party.
On the contrary, the Rule provides that such an inspection can be asked for by a party at any time. ( 5 ) IN our view, therefore, even though the petitioners have not filed the written statement, they will be entitled to ask for inspection of the documents which have been referred to in the plaint of the opposite party. In these circumstances we set aside the order of the learned Judge, and direct that the opposite party shall grant inspection of the above two bills only within such time as the learned Judge shall fix in that regard after the arrival of records in the court below. The Rule is made absolute to the extent indicated above. There will be no order for costs. Chakravarti J. : i agree. Rule made absolute.