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OBUL RED DI
PEOPLES EDUCATION SOCIETY, BOMBAY – Appellant
Versus
STATE OF A. P – Respondent


Advocates Appeared:
B.C. Jain, C.P. Sarathy and Jayasree Sarathi, Advocates, For the Petitioner; The Addl. Govt. Pleader, For the Respondent

JUDGMENT :

Obul Red di, J.

The scope and application of Rules 15 and 18 of order 11 C.P.C. are involved in this revision. The petitioner (defendant) made an application before the Chief Judge City Civil Court, Hyderabad supported by an affidavit, under order 11, Rules 15 and 18 and section 151 C.P.C. to direct the plaintiff to produce the ten document listed out in the petition for inspection and to permit him to take copies thereof. P is not in dispute that the documents in respect of which inspection was asked for by the petitioner were all referred to in plaint. The objection raised by the plaintiff in the court below was that the documents, though referred to in the plaint, are not material and that they cannot be made available even before the defendant disclosed his defence in the written statement. The learned Chief Judge, relying up on a decision of this court in Andhra Bank v. Narendranath, AIR 1956 Andhra 115 held that the defendant cannot insist upon the production and inspection of the documents "at this stage" meaning even before the defendant filed the written statement.

2. Mr. B. C. Jain appearing for the petitioner contended that the decision relied upon by the court b

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