SURENDRA NATH DHAWAN Vs. GIRIRAJ PRASAD MEENA

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner-defendant under Art. 226 & 227 of the Constitution of India, challenging the order dated 22.1.08 passed by the Addl. District Judge (Fast Track) No.4, Jaipur City, Jaipur (hereinafter referred to as 'the trial court') in Civil Suit No. 39/06, whereby the trial court has allowed the application of the respondent-plaintiff under Order XI Rule 12 and 14 of Code of Civil Procedure calling upon the petitioner-defendant to produce certain documents.

(2.) It is submitted by the learned counsel Mr. Rakesh Chandel for the petitioner that the trial court has called upon the petitioner to produce the documents which are not in possession of the petitioner. According to him if the petitioner does not produce the documents as directed by the trial court, the trial court shall treat the copies of the documents as admitted in evidence by way of secondary evidence.

(3.) However, the learned counsel Mr. V.V. Harit for the respondent has submitted that the petitioner-defendant has specifically admitted in his written statement that he had received the notice given by the respondent-plaintiff prior to the filing of the suit and, therefore, the trial court had directed him to produce the said notice. He also submitted that the original map of the suit premises was also with the petitioner as mentioned in the document Ex.2 and, therefore, the court had rightly directed the petitioner to produce the said map.