- (1.) This revision has arisen out of the order passed by the Subordinate Judge Ist Class, Moga on 31st July, 1973, in a suit for rendition of accounts filed by respondent No. 1 against the petitioners on the ground that he is a partner.
(2.) The plaintiff-respondent No. 1 filed an application under Order 11, Rules 15 and 18 of the Code of Civil Procedure for inspection of certain documents mentioned in the application dated 5th June, 1973. The petitioner-defendants in their reply objected to the inspection. The learned Subordinate Judge passed the following order on 31st July, 1973 :- "Heard. Defendants are directed to bring the account books etc. mentioned in the application in the Court on 6th August, 1973, for inspection of the opposite party." This order is under challenge in this revision petition.
(3.) With the help of the counsel for the parties I have gone through the file of the Subordinate Court and find that no affidavit is attached by the plaintiff-respondent with the application nor any averment is made in that application that the documents mentioned therein are necessary for the fair decision of the case. A reading of the application shows that the plaintiff-respondent wanted to fish for evidence in his favour from the account books of the petitioners. The counsel for the parties are agreed that Rule 15 of Order 11, Civil Procedure Code, is not applicable to the case. Both the counsels are agreed that provisions of Order 11 Rule 18(2) of the Code are attracted. It will be appropriate to reproduce Rule 18(2) of Order 11 of the Code of Civil Procedure. It runs as under :- "18(2) Any application to inspect documents, except such as are referred to in the pleadings, particulars or affidavits of the party against whom the application is made or disclosed in his affidavit of documents shall be founded upon an affidavit showing of what documents inspection is sought, that the party applying is entitled to inspect them, and that they are in the possession or power of the other party. The Court shall not make such order for inspection of such documents when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs.";