SUBHASH CHANDRA SHARMA Vs. XIIITH ADJ AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the opposite parties.

(2.) This petition has been filed for quashing the order dated 28.10.1999 passed by 13th Addl. District Judge, Ghaziabad.

(3.) The facts in short giving rise to the present petition are that a suit for specific performance was filed by the petitioner which was ultimately decreed. During pendency of the suit, two applications were filed by the defendant praying therein that the petitioner/ plaintiff may be directed to produce the original receipt of fee deposited in the Ghaziabad Development Authority for permission of transfer of the land and in case the same is not produced, then the defendant may be permitted to place on record the photostat copy of the said receipt by way of secondary evidence and the defendant may be allowed to prove the same in accordance with law. The applications were considered by the trial court and thereafter the same were rejected by means of order dated 20.12.1997. After rejection of the said applications, the suit was finally decided and thereafter an appeal was filed. During pendency of the appeal, an application under Order 41 Rule 27 Civil Procedure Code was filed with the same prayer and the same was allowed by means of impugned order dated 28.10.1999. The said order has been subjected to challenge in this writ petition.