PRITHVI PAL GHAYI Vs. RAJKUMARI

JUDGEMENT

(1.) THIS petition is directed against the order dated 13.2.2013 whereby the application preferred by the petitioner/defendant under Order 11 Rule 12 and 14 of CPC is rejected by the Court below. In a suit for eviction and recovery of rent, an application (Annexure P/4) is preferred by the petitioner/defendant praying that the plaintiff be directed to produce Kirayanama and map of the land. The said application was orally opposed by the plaintiff. The Court below on the basis of pleadings of the parties, directed the plaintiff to produce the relevant map, but disallowed the application to the extent ' Kirayanama' was sought to be produced.

(2.) SMT . Ami Prabal, learned counsel for the petitioner, submits that finding of the Court below is perverse. The Court below has opined that in the written statement also there is no assertion that the said Kirayanama was ever executed. While drawing the attention of this Court on para 2 of the written statement, she submits that a specific pleading is there. On the strength of this, the order of the Court below is assailed.

(3.) I have heard learned counsel for the parties and perused the record.