BASTI RAM @ BASTIYA Vs. SHOKHINA KHATUN AND OTHERS

JUDGEMENT

(1.) This writ petition under Art. 227 of the Constitution of India has been filed by the petitioner aggrieved against order dated 24.01.2015 passed by the trial court, whereby, the application filed by the petitioner under Order 11, Rule 12 , 13 and 14 read with Sec. 151 Code of Civil Procedure has been rejected.

(2.) The petitioner-plaintiff filed a suit for cancellation of sale deed dated 14.02.2007 executed by respondent No. 2 as power of attorney holder of the petitioner in favour of respondent No. 1.

(3.) During the pendency of the suit and after the defendant No. 2 was examined, an application under Order 11, Rule 12 , 13 and 14 Code of Civil Procedure was filed by the petitioner, inter alia, indicating that in the cross-examination the defendant No. 2 has stated that he was involved in property business for 8-9 years and maintains registers, has engaged a Muneem, filed income tax returns, payment of tax etc. is done by Chartered Accountant Naseer and, therefore, the said documents were relevant and the same be discovered/produced.