SARASWATIBAI Vs. ASHA

JUDGEMENT

(1.) This Writ Petition under Article 227 of the Constitution of India is at the instance of the defendants in the suit challenging the order of the trial Court dated 10/2/2014 whereby the respondent's application under Order 11 Rule 14 CPC has been allowed and the petitioner No.3 has been directed to produce the original copy of the agreement dated 21/2/2011 in the Court failing which the photocopy will be accepted as secondary evidence.

(2.) Learned counsel for petitioners submits that the petitioner has 2 denied the existence and possession of the alleged agreement dated 21/2/2011, therefore, he cannot be directed to produce the original of the same. He has further submitted that the alleged agreement does not even contain the signature of the witnesses and is a fabricated document, but this aspect has not been considered by the trial Court.

(3.) As against this, learned counsel for respondent has referred to the plaint averment and has submitted that since the agreement is in possession of the petitioner No.3, therefore, the trial Court has rightly passed the interim order.