KISHORE KUMAR Vs. MOHD HUSSAIN

JUDGEMENT

(1.) HEARD on admission. Defendant Nos. 1 (b)and 1 (c), in a suit for eviction, being unsuccessful in discovery of documents under Order 11 Rule 12. Code of Civil Procedure, 1908 (hereafter shall be referred to as C.P.C. for short) have preferred this petition under Article 227 of the Constitution of India seeking quashment of order dated 7.1.2011 passed by IV Additional district Judge (Fast Track Court), Khandwa in Civil Suit No. 94 A / 2009; whereby, the application seeking discovery of document has been rejected.

(2.) SUIT at the instance of respondent No. 1/plaintiff is for eviction on the grounds under Section 12 (1) (a) and (1) of the Madhya Pradesh Accommodation Control Act ,1961 (hereinafter shall be referred to as Act of 1961 for short). The matter when reached the stage of recording evidence of plaintiff, an application under Order 11 Rule 12 CPC read with Section 151 CPC was filed by petitioners seeking discovery of the documents; rent agreement in respect of other shops situated in the market known as Akbar Ali Market. The discovery was opposed by the plaintiff on the ground that the discovery of the document which has been sought have no relevancy in the matter as the suit for eviction is on the grounds enumerated under Section 12(1) (a) and (e) of the Act of 1961.

(3.) THESE judgments relied on by the petitioners aims at and reiterates the scope of Order 11 Rule 12 CPC, i.e., to extract admission from opposite party, which may preclude a lengthy trial and lead to a quick disposal of the suit.