DURGESH SINGH AND OTHERS Vs. NARENDRA KANTE

JUDGEMENT

(1.) The instant civil revision has been preferred to challenge the order dated 14.07.2016 passed in Civil Suit No.94A/2016 by the Court of XIVth Civil Judge Class II, Gwalior by which the application under Order XI, Rule 21 of the Civil Procedure Code (for brevity "CPC") filed by the present applicants/defendants has been dismissed.

(2.) The facts necessary for adjudication of the present case are that, the respondent/plaintiff filed a suit for eviction, recovery of arrears of rent and mesne profit with respect to the suit property, more particularly described in para 1 of the plaint (Annexure P-2). The present respondent/plaintiff filed a list of documents which are relied upon by him in order to establish his case. The trial Court invited defendants to file their written statement. However, the defendants/applicants moved an application under Order XI, Rules 12, 14 read with Section 151 of CPC, on the ground that the list of documents indicated in the table termed as "list of reliance" refers to several documents, however, their copies have not been supplied to the defendants. Further, it has not been indicated whether the respondent/plaintiff is in possession of these documents or not. Due to these contingencies, the present applicants/ defendants are unable to file their written statement.

(3.) The application came for consideration on 7.5.16 and on such date, the same was partly allowed and the present respondent/plaintiff was directed to furnish description of the documents referred to in the table termed as "list of reliance" as also to indicate whether the documents are in his possession or not. The respondent/plaintiff was further directed to supply the copy of the documents to the applicants/defendants in order to enable the defendants to file their written statement.