( 1 ) THE short facts leading to the present revision are as under :

( 2 ) THE present petitioner as plaintiff had filed a suit against the State being Special Civil Suit No. 157 of 1977, for recovery of Rs. 1,77,397. 57 for extra work done and for damage on account of termination of the construction contract on the part of the respondent-defendant.

( 3 ) DURING the pendency of this suit the petitioner served the respondent with a notice of production in respect of three specific letters. Such letters have been addressed by specific officials of the P. W. D. and also addressed to some specific officers of the P. W. D. Since the notice of production was not complied with, the petitioner as plaintiff gave an application Exh. 73, for discovery on oath of the specified documents such application being under Order 11, Rule 12 of Civil Procedure Code. This application was heard by the trial Court and by order below Exh. 73, the same was rejected. It is against the order of rejection that the present revision has been preferred.

( 4 ) LEARNED Counsel for the petitioner contends that the impugned order is bad and deserves to be quashed and set aside inasmuch as the same is based on