RADHESHYAM Vs. GOVIND

JUDGEMENT

(1.) THE revision is directed against the order dated 9.7.9.2 of Addl. Judge to the Court of District Judge, Kukshi (Distt. Dhar) passed in Civil Suit No. 11 -A/92.

(2.) THE brief history of the case is that the plaintiffs -applicants are challenging certain auction sale by way of a suit which is pending. They wanted to show irregularity in the proceedings relating to attachment before auction and for that reason they filed an application to the effect that record of the Execution case may be summoned. The learned trial Court rejected the application with the observations that the parties can file copies of the documents as they will be public documents. Hence, this revision.

(3.) LEARNED counsel for the non -applicant on the other hand submitted that under O. 13 R. 10 CPC it is the discretion of the Court to call for the record and there is no jurisdictional error.