SANDEEP LOHIA Vs. SHANKAR LAL

JUDGEMENT

(1.) The petitioner is impugning the order dtd. 28/4/2022 (Annexure P-1) passed by Addl. Civil Judge (Sr. Divn.), Jaitu in CS/2729/2013 dtd. 25/6/2011 titled as Sandeep Lohia vs. Shankar Lal and others whereby the application filed by the petitioner under Order 11 Rule 12 CPC r/w Sec. 151 CPC, was dismissed.

(2.) Learned counsel for the petitioner submits that the trial Court while passing the impugned order failed to appreciate that the petitioner was neither shown the alleged property mentioned at place No.4 in the head note of the plaint nor had been delivered the possession thereof. Learned counsel submits that it was the pleaded case of the petitioner that no such property as alleged was in existence, therefore, if it indeed existed then there should have been some record qua its title and also site plan to show the possession of respondents No.1 and 2. Learned counsel further submits that it was thus, necessary to direct respondents No.1 and 2 to produce the title record along with the site plan so as to facilitate him in the identification of the property in question. It is further submitted that the trial Court ignored the underlying objective of Order 11 Rule 12 CPC, which is to ascertain the existence, location, custody, availability and utility of the documents sought to be discovered in relation to the matters in question in the suit for fair disposal thereof.

(3.) Heard learned counsel and perused the relevant material available on record.