1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5358/2009. Sumitabai P. Rathod -: versus :- Shakuntalabai S. Dhanbahar and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : MARCH 15, 2010. Heard finally by consent of Shri S.V. Sohoni, learned counsel for petitioner and Shri A.S. Chandurkar, learned counsel for respondent nos. 2, 6 to 8. Petitioner before this court is appellant in Regular Civil Appeal No.72/1999. Vide Exh.51 he moved application for production of document under Order 41 Rule 27 read with Section 151 of Code of Civil Procedure. That application was opposed by present respondents and by one word order the Appellate Court has rejected that application. Shri Sohoni, learned counsel argues that the order is unreasoned and hence unsustainable. Shri Chandurkar, learned counsel states that the order is on Exh.51 and therefore, needs to be read in the light of Exh.51 and reply filed thereto. The order does not show any application of mind to the contents of the application and also to the reply filed. 2 The nature of document sought to be filed, the circumstances in which the permission to file was sought and scrutiny of those facts in the background of the provisions of Order 41 Rule 27 is totally missing. Whether the ingredients thereof were satisfied or not ought to have been examined in the light of the objection raised by present respondents. The impugned order does not show this application of mind. The same is therefore quashed and set aside. The said application Exh.51, is restored back to the file of Lower Appellate Court and the lower Appellate Court to hear all the parties on Exh.51 and decide the same in accordance with the law on its own merits. Writ Petition is accordingly allowed. Rule accordingly. No cost. JUDGE Rgd.