DHRUBA CHARAN SARANGI Vs. TARAMARU SARANGI AND ANR.

JUDGEMENT

(1.) THE petitioner filed T.S. No 144 of 1993 for specific performance of contract. The defendants after appearance before filing their written statement, filed an application for a direction to the plaintiff to file the documents relied upon by the plaintiff for inspection The said petition was allowed and the plaintiff was directed to file the suit documents by 29.4.1994 but the plaintiff did not file the documents. A memo was filed by the defendants and the case was posted on 6.7.1994 to file the documents. On 6.7.1994 no steps were taken on behalf of the plaintiff and the following order was passed:

(2.) THE trial Court held that sufficient opportunity had been given to the plaintiff for filing the documents and the petition filed by defendant No.2 on 23.8.1994 to cause production of the documents should be taken to be a petition under Order 11, Rule 19, C.P.C. The trial Court further held: -

(3.) ORDER 11, Rule 21(1). C.P.C. raids as follows: -