KHUB CHAND Vs. STATE OF RAJASTHAN AND ORS

JUDGEMENT

(1.) Heard learned Counsels.

(2.) By the impugned order dt. 17.09.1999 the learned trial Court rejected the application of the defendant under Order 13 Rule 2 CPC seeking produce the certain documents before the trial Court at the stage of defendant's evidence. The application was filed on the ground that Accountant Amar Chand of Narsinghpura Samaj did not give the relevant account books to the institution, which were to be produced in the suit. However, after the fresh elections in April 1999 the new Accountant Shri Chhoga Lai was appointed and through whom the said account books could be prepared and finalised and were sought to be produced.

(3.) Learned Counsel for the defendant petitioner Mr. Vinay Jain submits that similar application of the plaintiff was also allowed by the same" trial Court on 22.02.1999 (Anhex.1) permitting them to produce the account books of the plaintiffs. However, at a little later stage when the plaintiffs' evidence was over and defendant's evidence was going on similar application of the defendant petitioner came to be rejected by the learned trial Court by the impugned order dt. 17.09.1999.