//1// IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.9865/2007 Prakash Narain Versus Radheyshyam & Others Date of Order :: 5th August, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Vijay Dutt for the petitioner Mr. Banwari Lal Sharma for the respondents BY THE COURT: Admit. Mr. Banwari Lal Sharma, advocate appears for respondents no. 1 and 2. The service of respondent no.3 is dispensed with. 2. Heard learned counsel for the parties. 3. The plaintiff-petitioner filed a suit for declaration and permanent injunction in the trial court and during the pendency of that suit, an application for amendment in the written statement filed on behalf of the defendant was allowed. Thereafter the defendant filed an application under order 11 Rule 12 and 14 CPC seeking permission to produce the document / agreement dated 2.9.1934 on record. //2// The trial court vide its order dated 24.10.2007 allowed the application and directed the plaintiff to produce the said document which is in his possession or to file an affidavit to the effect that he is not in possession of the said document. The said order is under challenge in this writ petition preferred on behalf of the plaintiff-petitioner. 4. Learned counsel for the petitioner contended that he is aggrieved by the observation of the trial court in the impugned order to the effect that the said agreement dated 2.9.1934 is necessary for just decision of the case. His apprehension is that this observation may amount to proving of title of the defendant. The apprehension of the plaintiff is not tenable in the eye of law. The defendant will have to prove the agreement dated 2.9.1934 in accordance with law. I do not find any illegality, perversity or jurisdictional error in the impugned order so as to interfere with the same in this writ petition under Article 227 of the Constitution. There is no merit in this writ petition and the same is, accordingly, dismissed with no order as to costs. (NARENDRA KUMAR JAIN),J.