BHANWAR LAL Vs. MOTILAL KOGTA

JUDGEMENT

(1.) The present writ petition has been filed assailing the order dtd. 6/1/2023 passed by the learned Senior Civil Judge No.1, Bhilwara in Case No.48/2017, whereunder the applications filed by the present petitioner under Sec. 30 of CPC and under Order 8 Rule 1(3) of CPC seeking direction to the respondent-herein to produce the key of the lock, which he admitted to be in his possession and for taking the same along with its photo-print on record, were dismissed.

(2.) The present petitioner is the defendant and the respondent is the plaintiff in the civil suit.

(3.) The plaintiff filed a suit before the trial court claiming damages for the damage caused to the stone slabs as well as the injunction. The plaintiff was examined as PW-1. In the course of cross-examination, he has claimed that he is in possession of key of the lock, which was put on the gate of the suit schedule property. Basing on the said claim made in the cross-examination, the defendant filed two separate applications seeking direction to the plaintiff to produce such a key and for taking the same along with its photo print on record.