Subhro Kamal Mukherjee, J.

This is to consider an application under section 115 of the Code of Civil Procedure against the order No. 74 dated August 14, 2001 passed by Shri Amjad Ali, learned Civil Judge (Senior Division), Third Court at Alipore, District: South 24 Parganas in Title Suit No. 25 of 1998 whereby the learned trial Judge directed the plaintiff to produce the document-in-question, failing which, it was directed that, the suit would stand dismissed.

2. The brief facts leading to filing of the present revisional application before this court may be summarised as under:

(a) The plaintiff/petitioner instituted Title Suit No. 25 of 1998 in the said court seeking to enforce an agreement being joint venture agreement dated December 27, 1995 concerning premises No. 12, H.L. Sarkar Road, Police Station: Regent Park, Calcutta- 700 070, District: South 24 Parganas.

(b) An application for temporary injunction under Order 39, Rules 1 and 2 read with section 151 of the Code of Civil Procedure was filed in the said suit annexing a photocopy of the said agreement dated December 27, 1995. On the said application the learned trial Judge on March 26, 1998 passed an ad interim order of