( 1 ) THE suit was filed by the respondents- plaintiffs for partition. During the trial the plaintiffs marked Ex. A-1. It appears Ex. A-1 a copy of the Court decree refers to a document dated 24-11-1959 in Tamil language which speaks of settlement between the plaintiffs and their relations. Intending to confront the plaintiffs with document dated. 24-11-1959 the petitioners - defendants filed I. A. No. 204 of 2001 for direction to the plaintiffs to produce the said document. The application was opposed by the plaintiffs inter alia denying all the contentions in the application and also contending that the alleged document in tamil language is not executed by plaintiffs father and that it is a fabricated document. It was also contended that no such document is in the custody of their father. The learned trial Judge having regard to the language of order XI Rule 14 of Code of Civil procedure. 1908 (CPC) dismissed the application on two grounds. First, in the written statement filed by the ninth defendant on behalf of other defendants no averment as to existence or otherwise of the document was made. Secondly, when opposite party disputes the custody of the document,