KIRODI LAL Vs. CHHITAR MAL

JUDGEMENT

(1.) The present writ petition has been filed under Article 227 of the Constitution of India challenging the order dated 20th March, 2013 passed by the Civil Judge (Junior Division), Kotputli (hereinafter referred to as the Trial Court ) in Civil Suit No.165/2009, whereby the Trial Court has refused to take the documents on record, produced by the petitioner-defendant at the time of cross-examination of the plaintiff.

(2.) In the instant case, it appears that the respondent-plaintiff has filed the suit seeking possession of the suit shop on the ground that the lease, by which the suit shop was given to the petitioner-defendant, was terminated by the respondent-plaintiff, after giving notice under Section 106 of the Transfer of Property Act, 1882. It has also been alleged that the petitioner had committed default in making the payment of rent for about nine months. The said suit was resisted by the petitioner-defendant by filing the written-statement. The Trial Court, after considering the pleadings of the parties, had framed issues and proceeded for recording of the evidence. It appears that during the cross-examination of the plaintiff, the petitioner-defendant sought to produce certain documents with regard to the old tenancy, and the photostat copy of the rent note dated 31st August, 1981, and also the electric bills. The Trial Court did not permit the petitioner to produce the said documents, as per the impugned order dated 20th March, 2013, against which the present petition has been filed.

(3.) It has been sought to be submitted by the learned counsel Mr. R.P. Garg for the petitioner that in view of Order XIII Rule 1 (3) of Code of Civil Procedure, 1908, the petitioner could produce the documents for cross-examination of the plaintiff, and hence the impugned order passed by the Trial Court not permitting the petitioner to produce the documents is illegal. He has also relied upon the decision of Madras High Court in case of Miss T.M. Mohana vs. V. Kannan, 1984 AIR(Mad) 14to submit that the documents could be produced during the cross-examination of the plaintiff or his witnesses.