MUNICIPAL COUNCIL MURTIZAPUR Vs. NEMINATH SHANTINATH AGARKAR LATE

JUDGEMENT

(1.) RULE.

(2.) RULE returnable forthwith. Heard both sides.

(3.) THE trial Court by the impugned order dated November 29, 1999 has allowed the application filed by the judgment-debtor to make discovery of the documents in question in execution proceedings. Learned Counsel for the non-applicant fairly concedes that it is not possible to support the said reasoning as the question of discovery of documents will not arise in execution proceedings. Since no provision in the Code of Civil Procedure has been brought to my notice that would authorise the Executing Court to issue direction to make discovery of the documents, it is not possible to sustain the approach of the lower Court. In the circumstances, the impugned order is set aside. The revision application is allowed in the above terms. No order as to costs. Revision application allowed.