IVY MURIET FONSECA Vs. POMS ADI DOCTOR

JUDGEMENT

(1.) Heard Mr. Lotlikar, learned Senior Advocate on behalf of the petitioner and Mr. D'silva, learned Advocate appearing on behalf of the respondent.

(2.) Rule. By consent of the learned Counsel appearing for the parties, heard forthwith.

(3.) By this petition, the petitioner challenges the order dated 20th August, 2004, passed by the learned Civil Judge, Senior Division 'c' Court at Mapusa, in Special Civil Suit No. 85/2001/c, dismissing an application dated 27th november, 2002,. filed by the petitioner for production of certain documents mentioned in paragraph 2 of the application. The petitioner is the defendant in the above-referred suit and the respondent is the plaintiff in the said suit. In a suit for specific performance of an agreement, the defendant filed an application seeking to produce six documents, which according to the petitioner are relevant for deciding the real matters in controversy between the parties. The application was opposed by the respondent and by the impugned order the trial Court rejected the prayer of the petitioner to rely upon and produce the said documents. After hearing both the sides, the learned trial judge dismissed the application holding that no case was made out by the petitioner/defendant for producing the said six documents relied upon by her and consequently, dismissed the application. The learned Judge has relied upon the provisions of Order XIII and Order VIII of the Civil Procedure Code in support of his findings that the petitioner is not entitled to rely upon and produce the said documents.