RAM SWAROOP GUPTA Vs. ADDITIONAL CIVIL JUDGE

JUDGEMENT

(1.) THE petitioner-original plaintiff has preferred the present petition under Article 226/227 of the Constitution of India,challenging the order dated 30.8.2012,passed by the Additional Civil Judge (Junior Division) No.5, Jaipur Metropolitan, Jaipur, (hereinafter referred to as "the trial court ") in civil suit No. 392/03, whereby the trial court has rejected the application of the petitioner filed under Or. VIII R. 1 of C.P.C.

(2.) IN the instant case, the respondent no. 2-original plaintiff has filed the suit for eviction against the petitioner and the respondent no. 3 (original-defendants), on the ground of non-payment of rent and sub-letting the suit shop and also on the ground of bona fide necessity. The said suit has been resisted by the petitioner-defendant no.1, denying the allegations made against him and further contending interalia that the petitioner was working as a teacher in Vishwa Bandhu Vidhya Mandir, and that he had not sub-let the suit shop to the respondent-defendant no. 3. It further appears that the trial court after framing of the issues arising from the pleadings of the parties had recorded the respective evidence led by the parties. Thereafter, when the suit was kept for the final arguments, the petitioner-defendant no.1, gave the application under Or.VIII Rule 1(3) of C.P.C. for production of the document, namely, the order dated 30.6.2009, as regards his retirement from the school. The said application has been dismissed by the trial court vide the impugned order dated 30.8.2012.