JIWAN GARG Vs. GARG SWEETS

JUDGEMENT

(1.) PLAINTIFFS Jiwan Garg and his son Ashish Garg have filed this revision petition under Article 227 of the Constitution of India assailing order dated 12.06.2010 (Annexure P-11) passed by the trial court, thereby deciding various applications, but the instant revision petition pertains to dismissal of application dated 05.06.2007 (Annexure P-7) (wrongly mentioned as dated 05.06.2010 in the revision petition) by the trial court by impugned order. The said application (Annexure P-7) was moved by the plaintiffs under Order 11 Rules 12 and 13 of the Code of Civil Procedure (in short ­ CPC) for directing the contesting defendants to produce large number of documents mentioned in the said application. The contesting defendants, in their reply (Annexure P-8), alleged that they had already produced the documents in their custody, whereas the remaining documents would be summoned from the concerned quarters/departments.

(2.) ONLY defendants no. 4 to 8, 10, 13 and 14 are contesting the suit, whereas the remaining defendants have been proceeded against ex- parte, as mentioned in the impugned order. Service of contesting defendants/respondents is already complete in the instant revision petition. In view thereof, service of some unserved respondents in the revision petition is dispensed with.

(3.) PETITIONER no. 1 contended that there is alleged family settlement, relied on by the contesting defendants, of which copy is available in Municipal record. The contesting defendants have not produced the original document. The same contention also applies to some other documents.