CW-6487/2009 -Major Singh Vs. Manohar Lal. Judgment dt.13.7.09 1/2 S.B. CIVIL WRIT PETITION NO.6487/2009 Major Singh Vs. Manohar Lal. Date of order : 13th July, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. N.L. Joshi for the petitioner. ------- 1. Heard learned counsel. 2. By the impugned order dated 3.3.2009, the learned trial court rejected the application of the defendant filed under Order 11 Rule 12 C.P.C. for production of the documents, namely, the accounts and ledgers of the firm M/s Shyamlal Somnath and firm M/s Nandlal Krishlal which was the partnership firm of the plaintiff's brother and father. The learned court below while rejecting the said application has found that merely because the defendant was working as commission agent on Adat with the said firms and the plaintiff was also sitting at such business place and used to issue slips, such documents of the partnership firm in which the plaintiff was admittedly not a partner could not be summoned by the Court under Order 11 Rule 12 C.P.C. as in the suit for specific performance filed CW-6487/2009 -Major Singh Vs. Manohar Lal. Judgment dt.13.7.09 2/2 by the plaintiff against the present defendant. 3. Having heard learned counsel and upon perusal of the impugned order, this Court is satisfied that the learned trial court has not committed any error in refusing to summon the documents namely account books and ledgers of the partnership firm of the brother and father of the present plaintiff as the same were found to be irrelevant for the controversy involved in the suit. 4. The writ petition is found to be devoid of merit. The same is accordingly dismissed. Copy of this judgment be sent to the opposite party as well as learned trial court. [ DR. VINEET KOTHARI ], J. item No.14 babulal/