DAYA SHANKAR Vs. PAYAL DEVI

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 8.2.2016 passed by the trial court, whereby the application filed by the petitioner under Order 8, Rule 1A (3) Code of Civil Procedure has been rejected.

(2.) The respondent No.1-plaintiff filed a suit for enhanced rent, eviction, possession and mesne profit against the petitioner. The suit was resisted by the petitioner by filing written statement.

(3.) The trial court framed as many as 09 issues by order dated 19.10.2011. Where after, the petitioner filed applications dated 9.5.2012, 1.7.2015, 23.9.2015, 21.11.2015 and 16.12.2015 under Order 8, Rule 1A (3) Code of Civil Procedure seeking to produce documents, which applications were allowed by the trial court for expeditious disposal of the case and though costs were imposed, the same were not paid. Where after, the present application, which was filed on 18.11.2015 seeking to produce further documents come up before the trial court; the trial court after hearing the parties, noticing that in the past five applications of similar nature had already been accepted on payment of cost, cost had not been paid and that the documents were not relevant and was only an attempt to delay the proceedings, rejected the application.