LAWS(RAJ)-2002-7-79

RAMESH CHANDRA Vs. SARPANCH BAGRI NAGAR

Decided On July 22, 2002
RAMESH CHANDRA Appellant
V/S
SARPANCH BAGRI NAGAR Respondents

JUDGEMENT

(1.) THIS revision petition has been preferred against the order dated 8. 7. 2002 by which the application under Order 11 Rules 12 and 14 of the Code of Civil Procedure (for short `the Code') of the non-petitioner has been allowed.

(2.) THE facts and circumstances giving rise to this case are that the non-petitioner filed an application under Order 11 Rule 12 of the Code for discovery of document i. e. sale-deed dated 11. 9. 1993 which has been allowed on the ground that the petitioner is in possession of the said document though it has been submitted before the Court below that the document is in possession of the petitioner but was not traceable as at the time of white-wash of the house, it had been put by the ladies of the house at some other place. THE Court below has directed the petitioner to produce the said sale-deed dated 11. 9. 1993, Hence, this revision petition.

(3.) IN Jawandsingh Jwala Singh vs. Krishnakumar Ganga Prasad Bajpai (7), it has been held that the provisions of Order. 11 Rule 21 of the Code, even if required strict enforcement, does not mean that a suit can be lightly thrown out or defence struck of without adequate reason. The test laid down is whether the default is wilful. Unless that test is satisfied, no order under Order. 11 Rule 21 of the Code can be passed.