JAGANNATH KUSHWAHA Vs. SHANTIBAI AND ORS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India assails the order dated 16.12.2013 passed by 10th Additional District Judge, Gwalior by which the Miscl. Civil Appeal No.15/2013 preferred by the petitioner, has been rejected.

(2.) The above said miscellaneous civil appeal was preferred against the order dated 29.7. 2013 by which an application under Order 11 Rule 21 CPC filed by the plaintiff/respondent herein was rejected.

(3.) The application under Order 11 Rule 21 CPC was preferred by the plaintiff for striking out the defence of the defendant/petitioner herein for failing to discover and produce documents in original as directed by the trial Court on 4.2. 2013 by allowing applications under Order 16 Rule 6 CPC r/w Sec. 151 and under Order 11 Rule 12 CPC. Pertinently against the said interlocutory order dated 4.2. 2013, W.P. 1553/13 was filed by the defendant/petitioner herein which has since been dismissed by upholding the legality and validity of the order dated 4.2.2013.