1 SB Civil Writ Petition No.461/2009 M/s. Himanshu Textile Agency. vs. M/s. Sangam India Ltd. S.B. Civil Writ Petition No.461/2009 M/s. Himanshu Textile Agency. vs. M/s. Sangam India Ltd. Date : 22.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Dhanesh Saraswat, for the petitioner. - - - - - Heard learned counsel for the petitioner. The petitioner's application filed under Order 11 Rule 14 CPC was dismissed by the trial court vide order dated 6.12.2008. Looking to the facts of the case and stand taken by the plaintiff, I do not find that the trial court has committed any illegality in rejecting the petitioner's application seeking production of the documents from the custody of the defendant with respect to the business transaction. The initial burden is upon the plaintiff to prove the transaction and he can prove the transaction through his own documents 2 SB Civil Writ Petition No.461/2009 M/s. Himanshu Textile Agency. vs. M/s. Sangam India Ltd. and the evidence and the defendant can produce the documents in rebuttal to that evidence of the plaintiff. I do not find in the facts and circumstances that any case is made out for any order of the court directing the defendant to produce the documents referred in the application Ex.3. In view of the above, there is no merit in the writ petition and the same is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya