GHANSHYAM NEWANDRAM PARWANI Vs. NANALAL NAGARDAS VORA

JUDGEMENT

(1.) Heard Mr.J.J.Chandurkar, learned counsel for the petitioner. None for respondent though served.

(2.) By this petition under Article 227 of the Constitution of India the petitioner challenges order dated 12.11.2003 passed by the 5th Joint Civil Judge, Jr. Dn., Amravati dismissing the application dated 3.9.2003 filed by the petitioner seeking leave to produce certain documents. On 8.3.2004 this Court issued notice to the respondent for final disposal of the petition at the admission stage. The respondent could not be served by ordinary mode of service. Hence, he was served by substitute service. In spite of service the respondent has chosen not to put in appearance. In view of the order dated 8.3.2004 Rule. Heard forthwith.

(3.) Briefly, the facts relevant for disposal of the present petition are as under: On 2.4.1993 the respondent filed Regular Civil suit No. 189/1993 against M/s Ajay Trading Company and the petitioner herein who is defendant no.2 in the said suit. Written Statement was filed on 26.9.2000. Issues were framed on 8.10.2002. Thereafter, the plaintiff filed the application dated 23.10.2002 seeking to produce 134 documents which were not mentioned in the list of annexes to the plaint. The said application was allowed by the trial court. After the evidence of the plaintiff was partly recorded the petitioner/defendant no.2 filed the application dated 3.9.2003 seeking to produce certain documents which are rent receipts. The application was opposed by the plaintiff. The defendant no.2 filed further affidavit dated 7.11.2003 in which it was stated that the documents sought to be produced remained to be filed on account of over sight. The trial court after hearing the parties by the impugned order dismissed the application. Aggrieved by the said order the defendant no.2 has approached this court invoking writ jurisdiction.