Mukund Krishna Agrawal And Ors vs Mahendra Agrawal

Sanjay K. Agrawal, J

By the impugned order dated 08.05.2018 (Annexure - P/1), the trial Court has declined the application filed by the petitioners herein / defendants

under Order 11 Rule 12 of the C.P.C. for producing the documents by the plaintiff on the ground that issues have not been framed.

Learned counsel for the petitioner submits that impugned order is unsustainable and bad in law and deserves to be set aside.

I have heard learned counsel for the petitioner and perused the impugned order with utmost circumspection.

The trial Court has exercised its jurisdiction vested upon it under proviso to Order 11 Rule 12 of the C.P.C. finding that documents are not

necessary at this stage prior to framing of issues. The order of the trial Court is purely discretionary order and as such this Court is not inclined to

interfere with the order of the trial Court. However, the petitioners / defendants are at liberty to move an application afresh under Order 11 Rule 12 of

C.P.C. after framing of the issues.

With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).