BHUPATRAI G GANDHI Vs. CHAIN THAKURDAS NATHANI

JUDGEMENT

(1.) HEARD both the Advocates for the parties. Rule. Rule made returnable forthwith by consent.

(2.) THIS revision application arises from the order dated 14th August, 1998 passed by the trial Court, whereby the respondent plaintiff has been allowed to examine in relation to the documents which were produced by P. W. 4 subject to payment of costs of Rs. 1000/ -.

(3.) THE facts in brief relevant for the decision are that the suit has been filed by the respondent for declaration that he is a protected licensee or a deemed tenant in respect of the suit premises and some other reliefs. The petitioners are the landlords and the original defendant No. 1 was the original tenant in respect of the suit premises. After the conclusion of the deposition of the respondent plaintiff the officer of the B. E. S. T. was examined for production of certain documents, which included the documents which are permitted to be identified by the plaintiff by the impugned order. In fact, the respondent filed an application dated 8th July, 1998 for recalling himself for identifying the said documents. The documents are the forms for the supply of new electricity meter and are stated to have been signed by the plaintiff and some others. The same were produced in the Court on 26th June, 1998 by the representative of the B. E. S. T. The application was objected to by the petitioners. The trial Court by the impugned order, after considering the provisions contained in Order XVIII, Rule 17 of the C. P. C. ordered the plaintiff to examine himself to the extent of documents produced by P. W. 4 subject to payment of costs of Rs. 1,000/ -.