- (1.) Order dated 9.12.2013 (Annexure P-3) of the lower court, vide which some documents were allowed, to be produced in their evidence, to the defendants, who were in the process of leading evidence, is under challenge in this petition.
(2.) It is claimed by the plaintiffs, petitioners herein, that some documents earlier were sought to be produced by the plaintiffs by making an application but on non-production of said documents by the defendants, the Court had ordered that an adverse inference was to be drawn against the defendants. Notwithstanding such objection by the plaintiffs, petitioners herein, request of the defendants to produce the documents was allowed.
(3.) The lower court has observed in no uncertain terms that the documents to be produced by the defendants in their evidence are of such nature without production of which, proper adjudication of the matter in dispute between the parties cannot be adjudicated. When the lower court itself has come to the conclusion that for wholesome and complete adjudication of the rival claims of the parties, production of documents by the defendants is necessary, mere non-production of these documents alongwith the written statement by the defendants is not a circumstance supporting the cause of the petitioners-plaintiffs.;