LAL CHAND RAM KRISHAN Vs. RAJESH THAKUR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed by the defendant -petitioner, challenging the order dated 3-12-2005 passed by the trial Court, dismissing trie application of the defendant petitioner filed under Order 18, Rule 17 read with Section 151 CPC, for permission to produce a document and to prove the same.

(2.) The facts, which are relevant for the decision of the present petition are that the pLalntiff had tiled a suit for recovery of Rs. 1,08,904/- along with future Interest etc. against the defendant. The said suit was contested by the defendant by filing written statement. Various Issues were framed. The pLalntiff produced evidence in support of his case. Thereafter, the case was fixed for defendant's evidence. When the case was still at the stage of defendant's evidence, an application dated 3-6-2005 under Order 18, Rule 17 read with Section 151 CPC was filed on behalf of the defendant for permission to place on the record bilty No. 414 for the proper adjudication of the case with a further prayer to summon the pLalntiff and Nand Lal for proving the said document. The said application was contested by the pLalntiff by filing a reply taking up various preliminary objections Including the maintainability of the said application.

(3.) After hearing both sides and perusing the record, the learned trial Court dismissed the aforesaid application, vide order dated 3-12-2005. Aggrieved against the same the defendant filed the present petition under Article 227 of the Constitution of India in this Court.