SBCWP NO.7776/2008 – CHHOGA RAM . V/S JAIN SAMAJ GAUSHALA. : JUDGMENT DTD.26.9.2008. 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.7776/2008 Chhoga Ram versus Jain Samaj Gaushala PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Vivek Shrimali, for the petitioner. DATE OF JUDGMENT : 26th September, 2008. JUDGMENT 1. Heard the learned counsel for the petitioner. 2. This writ petition is directed against the order dtd.11.7.2008 whereby the learned trial Court rejected the application under Order 11 Rule 12 C.P.C. filed by the defendants seeking discovery and production of cash book of SBCWP NO.7776/2008 – CHHOGA RAM . V/S JAIN SAMAJ GAUSHALA. : JUDGMENT DTD.26.9.2008. 2/2 the plaintiff as well as income tax returns filed by him which is with regard to a sum of Rs.4400/- allegedly paid by the defendant towards the rent in the suit for eviction and recovery of arrears of rent. 3. Having heard the learned counsel for the parties and perused the impugned order, this Court is of the opinion that the learned trial Court has given appropriate reasons in the impugned order. There is no reason to summon cash book of the plaintiff as well as income tax returns of the plaintiffs for the said purpose as the burden lies upon the defendants to prove that the said amount was paid to the plaintiffs and for which the defendant was also given receipt by the plaintiff and the same has been produced before the learned trial Court. In view of this, the learned trial Court cannot be said to have committed any error in rejecting the application under Order 11 Rule 12 C.P.C. The writ petition is found to be devoid of merit and the same is accordingly dismissed. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.S-1 Ss/-