GAYA PRASAD GUPTA Vs. RAJASTHAN STATE AGRICULTURE MARKETING BOARD, JAIPUR AND OTHERS
LAWS(RAJ)-1995-8-53
HIGH COURT OF RAJASTHAN
Decided on August 07,1995

Gaya Prasad Gupta Appellant
VERSUS
Rajasthan State Agriculture Marketing Board, Jaipur And Others Respondents

JUDGEMENT

Rajendra Saxena, J. - (1.) Heard. Perused the impugned ordered dated 4.4.94 passed' by the Additional District Judge, Hindaun City in Civil Suit No.97/92, whereby he disallowed plaintiff-petitioner's application dated 20.1.94 filed under 0.11 R.14 CPC for production of measurement book No.633. Admittedly, the petitioner did not file any application under 0.11 R.12 CPC for discovery of the said document and directly filed the application under 0.11 R.14 CPC. In the plaint he also did not make any mention about the said measurement book and did not place reliance thereon. Passing an order under 0.11 R.14 CPC entirely depends upon discretion of the Court when the basic twin conditions namely a particular document is in possession of the party and secondly the same relates to the controversy in suit, are fulfilled. In the instant case both these conditions before the learned trial Judge were missing. Therefore in such circumstances, the learned trial Judge has not committed any illegality in disallowing the petitioner's application. Accordingly, this revision petition is meritless and the same is hereby dismissed. However, the petitioner shall be at liberty to file application under Order 11 Rule 12 CPC for discovery of the said document and the learned trial Judge shall not be influenced by the observations made by this Court while disposing of that application in accordance with law. Revision Dismissed;


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