SOMNATH SHANKAR GALANKAR Vs. SHOBHABAI CHAJULAL SHARMA

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioner is the original plaintiff (landlord). He has instituted a suit bearing Regular Civil Suit No.310 of 2005 for recovery of possession of tenanted property on the grounds of default, change of user, nuisance and bonafide requirement. In the pending suit, the respondents - defendants, after the plaintiff's evidence was over, filed the application Exhibit-66 for production of documents and application Exhibit-64 for recalling the plaintiff's witnesses for cross-examination. By impugned orders dated 16.06.2007, the 3rd Joint Civil Judge, Junior Division, Dhule has allowed the applications Exhibit-66 and Exhibit-64. Hence this writ petition.

(3.) Learned counsel for the petitioner - original plaintiff submits that though there is a reference in the pleadings in respect of the said documents, the application Exhibit-66 seeking leave to produce those documents on record came to be filed after the plaintiff's evidence was over. It is not the case that the respondents - defendants could not get the documents despite their due diligence and due search.