STATE OF GUJARAT Vs. CHANDRIKABEN SHARADKUMAR THAKAR

JUDGEMENT

(1.) The first respondent herein is the original plaintiff, whereas the present petitioner and respondent nos. 2 to 4 are original defendant nos. 1 to 4 respectively. The plaintiff-respondent no. 1 had filed Regular Civil Suit No. 251 of 1991 in the court of Civil Judge (Senior Division), Rajkot challenging her transfer order from Rajkot to Morbi on the ground that the said transfer was effected in order to favour and accommodate defendant nos. 2 and 3 on the recommendation of one MLA, and that therefore such a transfer order cannot be said to be issued in the normal exigencies of service.

(2.) During the course of the suit the said plaintiff gave an application Exh. 16 wherein, after setting out the relevant facts a prayer was made for discovery and production of certain documents specified in the said application. In support of the prayer the plaintiff specifically pleaded the relevant facts to the effect that the transfer of the plaintiff has been effected to favour and accommodate defendant nos. 2 and 3 and this has been done on the recommendation of one MLA, and these facts would be apparent and could be established if the documents specified in the application were directed to be discovered and/or disclosed, (and thereafter produced) under the relevant provisions of Order 11, Rule 12 ete. of CPC. The plaintiff further averred that the documents in respect of which discovery is sought are in the custody and possession of the petitioner first defendant and that therefore the first defendant should be ordered to give discovery of the same.

(3.) After hearing the parties, the trial court granted the application of the plaintiff and by its order dated 3rd.February, 1992 directed the first defendant (the petitioner) to give discovery of the documents at item nos.'l to 9 and 11 to 14 mentioned in application Exh. 16.