VIJAY MADANLAL BATRA Vs. DEVESHKUMAR

JUDGEMENT

(1.) Rule made returnable forthwith. None for the respondent.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 16/12/2010 passed by the learned District Judge, Nagpur on application (Exh. 27) filed by the petitioner herein in Regular Civil Appeal No. 237/2009, whereby the said application (Exh. 27) came to be dismissed.

(3.) The petitioner herein has suffered an 1eviction decree in Civil Suit No. 535/2004 filed by the respondent herein. The said suit was filed for eviction and possession of the disputed shop premises on the ground of bona fide requirement of the respondent. Against the said decree, the petitioner herein filed an appeal, which was registered as Regu-lar Civil Appeal No. 237/2009. At the appel-late stage, relying upon Order XIII, Rule 1 of the Code of Civil Procedure, the petitioner sought to produce two documents. The first document is in the nature of certificate ob-tained from the Head Mistress of one Onkarlal Sindhu High School, Jaripatka, Nagpur wherein it is mentioned that the respondent herein was working in the said School as Shikshan Sevak from 1/7/2009. The second document was obtained by the petitioner un-der the Right to Information Act wherein pe-titioner is shown as a tenant in the proceed-ings to fix taxes in question of the rented premises. The said application for produc-tion of documents came to be rejected by the impugned order.