NUTAN CORPORATION Vs. SUNIL THAKORBHAI MEHTA

JUDGEMENT

(1.) THOUGH served, nobody appears on behalf of the respondents. Looking to the facts and circumstances of the case, this petition is taken up for final hearing today.

(2.) BY way of this petition, under Art. 227 of the Constitution of India, petitioners-original plaintiffs have prayed for an appropriate writ, direction and order to quash and set aside the impugned order dated 22nd September 2008 passed by the 3rd Additional Senior Civil Judge, Surat below Exh. 123 in Special civil Suit No. 326 of 1989 by which the application submitted by the petitioners-plaintiffs purported to be under Order VIII, Rule 1 (A) read with Order XI, rule 12 of the Civil Procedure Code requiring the respondents-defendants to disclose the documentary evidence upon which they would like to place reliance in support of their case, came to be rejected.

(3.) PETITIONERS herein-original plaintiffs have instituted civil suit against respondents-defendants being Civil Suit No. 326 of 1989 in the Court of 3rd additional Senior Civil Judge, Surat, inter alia seeking a specific performance of the registered agreements to sell executed by the respondents-defendants in their favour in respect of the parcel of suit land. That in the said suit, respondent nos. 1, 2, 4 and 7-original defendant Nos. 1, 2, 4 and 7 have submitted written statement at Exh. 28. The issues came to be framed on 1st March, 2008 vide exh. 113. It is the case on behalf of the petitioners-plaintiffs that the said suit of the petitioners-plaintiffs was to become ripe for recording of the evidence.