P.C.JAIN,J. - (1.) THE question for determination in this revision petition filed by the defendant-petitioner is whether the learned Additional Civil Judge (Junior Division) No. 5, Jodhpur has erroneously decided the application filed by the defendant-petitioner under O. XII, R. 3A, C.P.C.
(2.) THE facts necessary to be noticed for the disposal of this petition may briefly be stated as follows : The plaintiff-non-petitioner No. 1 filed a suit for eviction of the defendant-petitioner from the disputed premises mainly on the ground of sub- letting of the suit-premises of the defendants-non-petitioners Nos. 2 and 3 to the petitioner-defendant No. 3. The defendant-petitioner resisted the suit. From the proceedings of the suit, the petitioner came across a very important document viz., an affidavit filed by the plaintiff in which he admitted that the premises in question were let out to the father and brother of Balchand. That document was relevant and crucial for deciding the controversy of the parties. The defendant-petitioner, therefore, moved an application under O. XIII, R. 2 CPC and the same was allowed by the learned trial court on payment of costs.
(3.) HOWEVER , inadvertently no order was passed regarding the proof of above document. The defendant wanted an opportunity to prove the above document but before doing so, he wanted to obtain admission and denial of the plaintiff-non-petitioner and despite many requests, the plaintiff avoided the same.;