NEMCHAND MANAJI Vs. RDSETHNA

JUDGEMENT

(1.) The plaintiff has filed this suit against the Official Assignee, the G. I. P. Ry. Co. and others claiming possession from the first defendant of 97 bales of cotton and in default of possession being given the value of the said bales from the first and second defendants, and other relief.

(2.) On the 11 October 1907, the second defendant filed then-affidavits of documents through Mr. Irvine, Assistant Traffic Superintendant. In para 2 Mr. Irvine, says : " the defendant Co. object to produce the document set forth in the second part of the said schedule on the ground that they are by their nature privileged from production. " In part II are set forth papers which passed between the Railway Company's officials relating to the subject matter in dispute since the threat of suit on the part of the plaintiff.

(3.) On the 9th. June 1908 plaintiff took out this summons calling upon the second defendant to show cause why they should not forthwith properly and fully disclose all the papers which passed between the Railway Company's Officials relating to the subject matter of the suit in dispute since the threat of suit referred to in the second part of the schedule of the affidavit of the 11 October 1907 and give inspection thereof to the plaintiff. There are two objections to this affidavit ; (1) That the papers for which privileges are claimed are not properly disclosed; and (2) That the documents are not privileged.