SURINDER KUMAR CHAWLA Vs. SUDESH PAL CHAWLA

JUDGEMENT

(1.) By way of present petition, the petitioner has assailed an order dated 5th July, 2008 passed by learned trial court on an application under Section 151 CPC made by the respondent herein for producing additional documents.

(2.) The petitioner herein filed a suit for partition wherein he had stated that the respondent S.P. Chawla was owner only of 1/6th share and he was owner of 5/6th share in view of the fact that other legal heirs of his father had relinquished their shares in his favour. Following issues were framed by the trial court in the suit:

(3.) After plaintiff "â„¢s evidence was over, defendant (respondent herein) made an application for filing additional documents and this application was allowed by the learned trial court vide order dated 12th March, 2004. A C.M. (Main) No. 819 of 2004 was preferred before this Court by the petitioner herein against the order of trial court allowing documents to be taken on record and this Court on 9th November, 2005 passed following order :