S C SEN GUPTA Vs. DURGABATI DASI

JUDGEMENT

(1.) This Rule was obtained by the defendant petitioner in the pending suit for ejectment, out of which it arises, against an order of the learned trial Judge, refusing to permit him to take copies of two documents, referred to in the plaint. The documents to question are a deed of lease and a deed of conveyance. The petitioner defendant applied for permission to inspect the said documents and for taking copies of the same.

(2.) This prayer was opposed by the plaintiffs but the learned Judge, after hearing both the parties, by his order No. 12 dated 28-3-1967, permitted the petitioner to inspect the said documents and directed the plaintiffs to give inspection of the same on a particular date at a particular time in the presence of the Bench Clerk, the plaintiffs being obviously required to produce the said two documents in court for that purpose.

(3.) The above order, however, did not make any provision for permitting the defendant petitioner to take copies of the said two documents.