RAM AVTAR Vs. SHANKER LAL

JUDGEMENT

(1.) This revision is directed against the order dated 3-8-1994 passed by Shri Harphool Singh Pilania, Civil Judge, Sardarshahar in Civil Original Suit No. 146/93 whereby the application of the petitioner-plaintiff for seeking permission for late production of documents under Order 13, Rule 2 C.P.C. was rejected.

(2.) Facts, in so far as they are material for the decision of this petition, are that the plaintiff-petitioner filed a suit for specific performance of the agreement dated 7-10-1978 allegedly executed by defendant-non-petitioner in his favour and also obtained an advance of Rs. 3,000.00. It was averred that the defendant did not carry out the contractual obligations in respect of the above agreement. The plaintiff, therefore, filed a suit seeking specific performance of the contract. The non-petitioner-defendant resisted the suit on the ground of total denial. It was also alleged that the so called agreement dated 7-10-1978 was forged. Issues were framed which relate to the execution of the document and non-compliance thereof by the defendant.

(3.) By moving the above application under Order 13, Rule 2, C.P.C., the plaintiff wanted permission of the Court to produce several documents, reference whereof, has been made in the impugned order. The Court found that the documents sought to be produced were not relevant. Hence, the application was dismissed.