SAROVAR SINGH Vs. BUDH SINGH

JUDGEMENT

(1.) THIS is a revision petition against the order dated 4.2.1998 passed by the learned trial Court allowing the application of the plaintiff under Order 11 Rule 14 C.P.C.

(2.) THE facts which are relevant for the decision of the present revision petition are that Budh Singh, plaintiff, had filed a suit for injunction against the defendants. The suit was contested by the defendants. Issues were framed. The plaintiff had led his evidence. When the case was at the stage of defendants' evidence, the plaintiff filed an application under Order 11 Rule 14 C.P.C. for direction to the defendants to produce certain sale deeds. That application was contested by the defendants. After hearing both sides, the learned trial Court vide order dated 16.12.1997 dismissed the said application of the plaintiff, on the ground that the evidence of the plaintiff had already been closed and as such he could not be allowed to avail the remedy of Order 11 Rule 14 C.P.C. No appeal or revision was filed against the said order dated 16.12.1997. In the meanwhile, the plaintiff filed an application under Order 18 Rule 17-A C.P.C. for permission to produce certain sale deeds by way of additional evidence. The said application of the plaintiff under Order 18 Rule 17-A C.P.C. was allowed by the trial Court on 6.1.1998 and he was given opportunity to prove the execution of the said sale deeds by way of additional evidence. Thereafter, the plaintiff again filed an application under Order 11 Rule 14 C.P.C. for direction to the defendants to produce the original sale deeds in the Court. This application again was contested by the defendants. After hearing both sides, the learned trial Court vide order dated 4.2.1998 allowed the said application of the plaintiff and directed the defendants to produce the sale deeds in their possession. Aggrieved against this order of the trial Court, the defendants have filed the present revision petition.

(3.) THE learned counsel appearing for the petitioner has submitted that since the previous application under Order 11 Rule 14 C.P.C. filed by the plaintiff was dismissed by the trial Court on 16.12.1997, no case is made out for allowing the second application of the plaintiff under Order 11 Rule 14 C.P.C. for the same relief. Reliance has been placed on Kaila Devi v. State of Haryana, 1999(2) Recent Civil Reports 522.