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Madhya Pradesh High Court · body

1978 DIGILAW 117 (MP)

Mahendra Kumar v. Amitabha Textile Mills

1978-02-07

G.G.SOHANI

body1978
Short Note : The defendant applicant submitted an application under Order 11, rule 12 C.P.C. By its impugned order, the trial Court allowed the application partly directing the plaintiff to give discovery of those letters and telegrams only of which dates were mentioned in the application. Held : Under the provisions of Order 11, rule 12 C.P.C. discovery cannot be refused on the ground that dates of the documents sought to be discovered have not been mentioned in the application. M.L. Sethi v. R.P. Kanoor, AIR 1972 SC 2379 relied on. Lajpat Rai v. Bhan, AIR 1957 Pun. 13, Ramanlal v. Phool Chand, 1962 MPLJ SN 29, dissented. Revision allowed.