JAGANNATH KUSHWAH Vs. SHANTI BAI

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India assails inter alia order dated 04.02.2013 passed in Civil Suit No.66A/2012 by First Civil Judge Class -II, Gwalior, whereby an application of the plaintiffs under Order 11 Rule 12 read with Section 151 of the Code of Civil Procedure has been allowed.

(2.) THE power vested in the Court under Order 11 Rule 12, CPC for discovery of documents is to enable the Court to properly and effectively adjudicate the issue. The said power of discovery of documents is wide and unrestricted to be exercised to do full justice so as to enable the trial Court to arrive at the truth.

(3.) A perusal of the impugned order indicates that the trial Court was of the view that production of documents sought by the plaintiffs, which are in possession of the defendants and which have been referred in the written statement is essential since at the time of evidence if the defendants produce those documents, then the plaintiffs may be caught unawares.