BALBEER SINGH Vs. BABU LAL

JUDGEMENT

(1.) BY way of instant writ petition, the defendant -petitioner has challenged the composite order dt. 04/02/2014 whereby the trial court has dismissed two applications of the defendant -petitioner, one under Order 8 Rule 1(3) CPC for taking documents on record and the other for summoning cash book and ledger from the plaintiff -respondent.

(2.) LD . counsel for the defendant -petitioner contended that the documents sought to be taken on record by way of said two applications under Order 8 Rule 1(3) CPC were necessary to resolve the controversy involved in the suit. She further contended that summoning of cash book, ledger and other documents from the plaintiff -respondent was also essential for the just and proper decision of the suit.

(3.) LD . counsel for the plaintiff -respondent supported the impugned order and contended that the documents were wholly irrelevant for the just decision of the suit and the application were preferred merely to delay the progress in the suit which was filed for recovery on the basis of a promissory note. He further supported the impugned order declining to summon record from the plaintiff -respondent.