DHEERAJ SINGH Vs. HEMANT KUMAR SHARMA

JUDGEMENT

(1.) THIS petition, under Article 227 of the Constitution of India, is directed against the order dated 4.9.2015 (Annexure P -l) passed by the trial Court dismissing the application under Order 11 rule 12, CPC filed by defendant -tenant.

(2.) SUIT for eviction on the ground of arrears of rent and bonafide need is pending consideration before the trial Court. During the course of trial, counsel for the defendant has filed an application under Order 11 rule 12, CPC seeking direction from the trial Court to call upon the plaintiff to produce the evidence or proof as regards designation of the plaintiff as senior advocate, as well as, details of other properties of his ownership within the municipal limits.

(3.) WHILE replying to the aforesaid application, it has been contended before the trial Court that the plaintiff since is having a long standing at the Bar,therefore, words ''Varishtha Vakil '' were used in the plaint. Besides, as regards details of other properties available to the plaintiff, the trial Court has observed that plaintiff has categorically stated that he does not have any other alternative accommodation and all documents relevant for the suit have already been filed before the trial Court. There is no other document available with him. Hence, under such [2015(3)1 circumstances, no direction can be issued for production of documents as regards available properties. Under such circumstances, the trial Court has rejected the application.