jpc 1 wp9173-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 9173 OF 2011 Vishnu Parbat Dargude and others ... Petitioners Versus Hukumchand Hansraj Lohade and others ... Respondents Mr. M M. Sathaye for the petitioners CORAM: R. M. SAVANT, J. DATED : 13th December, 2011 P.C. : 1. The above petition takes exception to the order dated 5th July, 2011 passed by the learned Civil Judge, Junior Division, Nandgaon by which order the application filed by the original defendants in Regular Civil Suit No. 2 of 2007 invoking Order 11 Rule 14 of the Code of Civil Procedure came to be rejected. 2. The said application was filed by the defendants seeking directions that the plaintiff be directed to produce a copy of the order passed in Tenancy Case No. 5 of 1965. The trial Court, though accepted the fact that under Order 11, Rule 14 the Court can order any party to produce the document which is in his possession, or power relating jpc 2 wp9173-11.sxw to any matter in question in the suit if it thinks fit, has rejected the said application on the ground of the stand taken by the defendants in the said suit. The trial Court was of the view that the defendants, having taken a contrary stand in the said suit, firstly to the effect that there was no such case of Tenancy Case No. 5 of 1965 and another that copy of the said order was not available on record in the office of the Tahsildar, could not file an application seeking directions against the plaintiff for producing the said document. The trial Court has further observed that the the defendants would be at liberty to lead secondary evidence in respect of the said document, if they so choose. 3. In the facts and circumstance of the present case, in my view, no fault can be found with the order passed by the trial Court. The Writ Petition is accordingly dismissed. (R. M. SAVANT, J.)