GURMAIL SINGH Vs. KULWANT SINGH

JUDGEMENT

(1.) Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the orders dated 22.07.2013 (Annexure P/9 & P/10) passed by learned Additional Civil Judge (Senior Division) Sangrur whereby application moved by the petitioners under Order 11 Rules 14 and 15 read with Section 30 C.P.C. has been disposed of and application of the petitioners under Order 7 Rule 11 C.P.C. has been dismissed. Heard.

(2.) Learned counsel for the petitioners contends that respondent No. 1-plaintiff filed a suit against the petitioners and others for possession by way of specific performance on the basis of agreement to sell dated 08.05.1982 and subsequent writing dated 12.05.1985 with regard to certain land mentioned in the headnote of the plaint. During the pendency of the suit, firstly, the petitioner preferred an application under Order 11 Rules 14 and 15 read with Section 30 C.P.C. for production of power of attorney on the basis of which alleged agreement to sell and the aforementioned writing has been executed. Respondent No. 1-plaintiff and respondent No. 3-defendant No. 2 did not produce the document before the trial Court. Vide order dated 22.07.2013 (Annexure P/9), the trial Court has disposed of the application holding that since defendant No. 2 and plaintiff have denied possession of the documents, the petitioners would be at liberty to raise objection at the appropriate stage that adverse inference be drawn against the plaintiff. Learned counsel for the petitioner half heartedly states that the petitioners are not aggrieved against this order. Otherwise, they have legal right to claim adverse inference against the plaintiff. Learned counsel further contended that so far as the second application under Order 7 Rule 11 C.P.C. is concerned, this was only in pursuance of the application under Order 11 Rules 14 and 15 read with Section 30 C.P.C. as respondent No. 1-plaintiff and respondent No. 3-defendant No. 2 had failed to produce the documents.

(3.) I have considered the contentions raised by the learned counsel for the petitioners and perused the record.