CHUNILAL DAHYABHAI Vs. DHARAMSHI NANJI

JUDGEMENT

(1.) This is a revision petition filed by the Petitioner (Original defendant No. 1) against the opponents. The opponent No. 1 is the original plaintiff and the opponents Nos. 2 to 4 are the original defendants Nos. 2 to 4. This revision petition is filed under sec. 115 of the Civil Procedure Code against the order passed by the learned 2nd Joint Civil Judge Junior Division Rajkot in a Civil Suit No. 427 of 1967 below exhibit 37 directing the petitioner to give inspection of all documents referred to in his affidavit Exh. 23 to the plaintiff and to take copies thereof on or before 7-3-1968.

(2.) The advocates appearing on behalf of the opponents M/s. I. R. Nanavati and H. M. Mehta raised a preliminary objection regarding the maintainability of this revision petition under sec. 115 of the Civil Procedure Code. The preliminary objection is raised on two grounds:-

(3.) Before I advert to the decision cited above in support of the contention regarding preliminary objection I first purpose to refer to the relevant provisions of Order 11 Rule 18 and Order 11 Rule 20 of the Civil Procedure Code which are material for our purpose. Material part of Order 11 Rule 18 runs as under:-