KRISHNA CLEARING AGENCY Vs. RAGHUVIR SINGH & SONS

JUDGEMENT

(1.) Challenge is to the order 16/7/2012 passed below Exh.50, in RCS No.24 of 2004, by which the Additional Senior Civil Judge, Gandhidham, refused to permit the petitioner defendant to produce the documents and denied it to receive in the evidence as provided under Order VIII, Rule I-A(3) of the Code of Civil Procedure.

(2.) The respondent partnership firm filed a suit for recovery of money against the present petitioner, namely, Special Civil Suit No.24 of 2004, and the same is contested by the present petitioner by filing written statement. The respondent plaintiff filed his affidavit in the form of chief examination and at that stage the petitioner defendant sought the leave vide Exh.50, to produce the documents. The Court below after hearing the parties came to the conclusion that the petitioner failed to produce the documents at the stage when written statement was filed and thereafter, no sufficient cause shown by the petitioner for non-filing of the documents at earlier stage and accordingly application to leave for production of documents Exh.50 has been rejected.

(3.) Being aggrieved with the aforesaid order, the petitioner defendant has come up before this Court by invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.