LAWS(MPH)-2016-4-35

VIVEK TRIPATHY Vs. STATE OF M P

Decided On April 04, 2016
Vivek Tripathy Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) Supervisory jurisdiction of this Court is invoked under Article 227 of the Constitution of India to assail the interlocutory order dated 17.10.2015 passed by 3rd Civil Judge Class II, Distt. Morena in Civil Suit No. 33A/2015, by which an application under Order 11 Rule 12 and 13 read with Section 151 CPC preferred by the defendant no.1/petitioner herein has been rejected.

(2.) Learned counsel for the rival parties are heard on the question of admission.

(3.) Perusal of the impugned interlocutory order indicates that the trial Court while rejecting the said application has assigned two reasons. The first being that the documents sought to be produced by the defendant no.1 were not relevant to the issue involved in the suit and the second being that the defendant no.1 has failed to make any statement in the said application that documents sought to be produced are in the possession of plaintiff.