SIMARANJIT SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) INVOKING supervisory jurisdiction of this Court under Article 227 of the Constitution of India, order (Annexure P -5) dated 3.4.2014 passed by the lower court rejecting the application (Annexure P -3) dated 7.11.2012 filed by the petitioner -defendant under Order XI Rules 14 and 15 read with Section 151 CPC, has been challenged.

(2.) IT is claimed that the documents required to be produced and proved in evidence go to the root of the matter and thus, were necessary for competent adjudication of the matter. Documents sought to be produced are in the shape of J -forms for sale of crops of the plaintiff to his commission agent w.e.f. 2004 -05 till date. Similarly, documents of the plaintiff with regard to taking of his loan from the banks and cooperative agricultural services societies are sought to be produced from the plaintiff.

(3.) A suit for seeking possession by way of specific performance of the agreement to sell dated 31.12.2004 preferred by the respondent -plaintiff is pending wherein decree has been sought against the petitioner -defendant for execution and registration of the sale deed of the suit land detailed in the plaint in favour of the respondent -plaintiff. The suit was instituted by the respondent -plaintiff on 6.9.2006.