(1.) During the pendency of the suit ,filed by the appellant against the respondent an application (IA.9823/2000) was filed by the appellant under Order 11 Rule 12 and 14 read with Section 151 of the Code of Civil Procedure (for short "the CIVIL PROCEDURE CODE") praying that the defendant be called upon to make discovery on oath of documents mentioned in sub- paras (i), (ii) and (iii) of para 3 of the application and produce the same in Court and on production the appellant be given inspection and copies thereof. The appellant/plaintiff in the application asserted that the documents were relevant for proper and effective adjudication of the questions involved in the suit and will reduce the controversy between the parties. The documents. production of which was sought, were described as follows:
(2.) The application was opposed by the respondent on number/of grounds.
(3.) The application came up for consideration before learned Single Judge on 26/3/2001 on which date learned Single Judge proceeded to record the statement of the appellant, which is to the following effect"