SUSHIMA KISHANDEV KAUSHAL Vs. COUNCIL FOR TIBETAN EDUCATION

JUDGEMENT

(1.) This appeal is filed by the Appellant-Plaintiff under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') read with Clause 10 of the Letters Patent against an order passed by a leraned Single Judge of this Court on 13th October, 1999, in OMP No. 441 of 1999 in Civil Suit No. 242 of 1995.

(2.) The Appellant is the original Plaintiff. He filed a Civil Suit No. 242 of 1995 in this Court against the Respondent-defandant, which awaits final hearing. The case was listed for evidence in rebuttal of the Plaintiff. At that stage, the above application O.M.P. No. 441 of 1999 was filed by the Respondent Defendant under Order 16, Rule 14 of the Code for production of certain documents from Small Causes Court at Bombay, so as to enable the Defendant to effectively and properly cross-examine PW 3 K.D. Kaushal, who was to be examined by the Local Commisioner at Bombay in pursuance of an order dated 27th July, 1999.

(3.) The documents sought to be produced on record were as under: