AHSOK LALWANI Vs. SHRI DAYAL SINGH

JUDGEMENT

(1.) THOUGH the writ petition is listed for further orders and though it is admitted on 17.02.2014, looking to the short controversy involved, the writ petition is heard finally with the consent of learned Counsel for the respondent.

(2.) THE petitioner, who is plaintiff in the suit, has moved an application under Order 11 Rule 12 read with Rule 14 and 15 of the Code of Civil Procedure for a direction to the respondent -defendant to disclose the evidence on affidavit. Such an application was opposed by the respondent -defendant and the Trial Court rejected the said application, hence this writ petition has been fled.

(3.) PER contra, it is contended by learned Counsel for the respondent -defendant that since there is a dispute with respect to the title as also the right of petitioner to claim eviction, no direction could be given to produce any record and as such if a prayer made by the petitioner is denied by the Trial Court, no error of law is committed. It is contended that the petition is liable to be dismissed.