BRIJ BIHARI AGRAWAL Vs. SUNIL CHAND KOTHARI

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioners -defendants under Arts. 226 and 227 of the Constitution of India challenging the order dt. 26.04.2013 passed by the Additional Sessions Judge No. 8, Jaipur Metropolitan City, Jaipur (hereinafter referred to as 'the Appellate Court') in Civil Appeal No. 41/2009, whereby the Appellate Court has dismissed the application of the petitioners filed under Order XIII Rule 10 read with Order XLI Rule 27 of Code of Civil Procedure. In the instant case, it appears that the respondent -plaintiff had filed the suit seeking eviction against the petitioners -defendants in respect of the suit shop, which suit was decreed by the trial Court. The petitioners, being aggrieved by the said decree, has filed the appeal before the Appellate Court, which is pending, and during the pendency of the appeal, the petitioners had filed the application under Order XIII Rule 10 CPC requesting the Court to summon the documents from the office of Assistant Commercial Tax Officer, Circle -1, Jaipur, pertaining to the firm Emrald International, Jaipur, allegedly belonging to the respondent -plaintiff. The said application has been rejected by the Appellate Court, against which the present petition has been filed.

(2.) IT has been sought to be submitted by the learned counsel Mr. A.K. Pareek for the petitioners that the documents sought to be called for from the office of Assistant Commercial Tax Officer are very relevant to decide the appeal and such application was allowed by the trial Court pending the suit, however, the same was not being persuaded.