BABU Vs. GUNDU

JUDGEMENT

(1.) PETITIONERS were defendants in O. S. No. 430/2000. Respondents were plaintiffs in the suit. In the suit, the, the 1st defendant did not file the written statement. The 2nd defendant with the permission of the court filed the written statement on 2. 9. 2004. Thereafter, the original plaintiff died and his legal-heirs were brought on record. The case was adjourned to file the written statement if any. Defendants 1 and 2 filed an additional written statement. The same was accepted by the court. Subsequently, these two applications were filed by the defendants 1 and 2 as I. A. 6 and I. A. 7. I. A. 6 was filed under order 14 Rule 1 and 2 of Civil Procedure Code, to frame an additional issue in regard to maintainability of the suit. I. A. 7 is filed under order 8 Rule 14 of Civil Procedure Code for production of documents. These two applications were objected by the legal-heirs of the plaintiffs. The trial court after hearing, rejected both the applications with cost of Rs. 200/ -.

(2.) BEING aggrieved by the rejection of I. A. 6 and I. A. 7, the present writ petition is filed.

(3.) I have heard the counsel for both the parties.