BIPIN BIHARI TIWARI S/O LATE KAPIL DEV TIWARI R/O VILLAGE Vs. KAMALA DEVI W/O RAMBADAN MISHRA R/O VILLAGE

JUDGEMENT

(1.) (Oral) - Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner.

(2.) By the order impugned in this application under Art. 227 of the Constitution of India the defendant’s prayer for directing the plaintiff to produce the document [the agreement for sale] before the court on affidavit has been turned down as frivolous.

(3.) The fact are not in dispute that the T.S. No. 603 of 2007 has been filed by the plaintiff for grant of a decree for specific performance of contract for sale of the suit land against the defendant on the basis of the agreement for sale dated 27.02.2001. The petition was filed by the defendant purporting to be under Order 11, Rule 13 for direction to the plaintiff to produce the said document. The petition was allowed and the learned court below directed the plaintiff to produce the said document and the same was produced by the plaintiff in compliance of the direction of the court. The said order was passed by the court on 14.05.2010 which appears from the petition filed by the plaintiff on 27.08.2012 (Annexure-1). The defendant thereafter raised the objection that the plaintiff had not produced the said document on affidavit as required under Order 11, Rule 13 C.P.C. which also prescribed a format in the schedule for production of such document. The learned court below by the impugned order has rejected the petition filed by the defendant-petitioner as frivolous.