Kumari Khushboo Mahobia @ Santoshi Mahobia v. Kasturba Mahila Mandal

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. (227) No.

of 201 Kumari Khushboo Mahobia @ Santoshi Mahobia, aged about 27 years (wrongly mentioned as 30 years), D/o Shri Vijay Mahobia, R/o Room 10 Kasturba Mahila Mandal, Purana Rest House Road, Rajnandgaon (C.G.)...Defendant ---- Petitioner

Versus

Kasturba Mahila Mandal, Registered under the Societies Act through President Saraswati Maheshwari, aged about 65 years, W/o Dr. Jethmal Maheshwari, Rest House Road, Distt. Rajnandgaon (C.G.) .... Plaintiff ---- Respondent For Petitioner:

Mr. Parag Kotecha, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 1 7 / 1 0/201 Heard on admission.

(1) The defendant filed an application under Section 151 of the Code of Civil Procedure stating that plaintiff/respondent has not complied with the order dated 20.06.2016 granting an application under Order 11 Rule 12 of the CPC. That application has been rejected by the trial Court by the impugned order. (2) After hearing learned counsel appearing for the petitioner, I do not find any jurisdictional error in the order impugned as the plaintiff cannot be compelled to produce documents and if he has not complied with the order, consequence is provided in Order 11 Rule 21of the CPC. It is for the plaintiff to comply with the provisions contained in Order 11 Rule 12 of the CPC.

(3) Accordingly, the writ petition, being devoid of merit, is liable to be and is hereby dismissed. No order as to costs. Sd/- (Sanjay K. Agrawal) Judge D/-