(1.) Heard the learned counsel, Mr. Ashok Nandan Prasad appearing on behalf of the petitioner.
(2.) Notice was issued to the respondent by terms of order dated 24.6.2011. It appears that notice has been validly served on the respondent. However, nobody appeared on behalf of the respondent.
(3.) This application under Article 227 of the Constitution of India has been filed by the defendant-petitioner against the order dated 25.4.2011 passed by Subordinate Judge-V, Patna City in Title Suit No. 44 of 1999 whereby the learned Court below rejected the application under Order 13 Rules 1 and 2 read with Section 151 C.P.C. filed on behalf of the petitioner for accepting the material documentary evidences which are necessary for the determination of the real controversy between the parties.