S.B. CIVIL WRIT PETITION NO.1464/2008 Ramchandra Vs. Sunderlal & Ors. Date of order : 01st August, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. J.L. Purohit for the petitioner. Mr. Amit for Mr. J.K. Chanda for the respondents. --------- 1. Heard learned counsels. 2. This writ petition is directed against the order dated 9.1.2008 whereby the learned trial court rejected the application of the plaintiff under Order 11 Rule 12 and 14 for production of certain documents. The plaintiff had sought these documents from the defendant No.2 to 8, who had not yet filed the written statement before the learned trial court. The defendant No.1 in his written statement had also not specifically denied the existence of the said agreement dated 27.6.1980 in the written statement which is Annex.2 on record. He merely says that no such agreement was executed in writing and was handed over to the plaintiff. 3. Since no such written statement was filed by the defendants No.2 to 7 from whom such production was sought by the plaintiff, on the basis of such averments made in the written statement by the defendant No.1, the learned trial court could not have arrived at the conclusion that the said document did not exist, therefore the reason assigned to the learned trial court in the impugned order rejecting the said application does not appear to be germane. 4. Accordingly this writ petition is allowed and the impugned order dated 9.1.2008 is set aside and the learned trial court is directed to reconsider the application afresh in accordance with law. [ DR. VINEET KOTHARI ], J. item No. babulal/-