BABUBHAI AMRSHIBHAI PATEL Vs. LABHUBEN BABULAL PATEL

JUDGEMENT

(1.) THIS petition is filed by the husband challenging an order dated 23rd August 2004 passed by the learned Civil Judge (SD), Surendranagar below application Ex. 35. The petitioner has filed a divorce petition being HMP No. 27/00 against the respondent wife. In that petition, he preferred application Ex. 35 seeking to produce certain additional documents. This was opposed by the wife. Learned Judge dismissed the application by the impugned order dated 23rd August 2004. Hence this petition.

(2.) I do not find any reason why the documents should not have been permitted to be produced particularly keeping in mind the language used in Order 11 Rule 14 of the Code of Civil Procedure when no prejudice is shown to have been caused to the respondent. The application Ex. 35 is allowed. The petitioner shall, however, pay a cost of Rs. 2,000/- (Rupees two thousand only) to the respondent wife. Rule is made absolute accordingly.