Prem Shanker Asopa, J.-That by the instant writ petition the petitioner has challenged the order dated 29.07.2005 whereby his application under Order 11 Rule 12 read with Section 151, CPC and under Order 11 Rule 14, CPC has been dismissed by Additional District Judge (Fast Track) No. 1 Tonk.

2. Briefly stated the relevant facts of the case are that the petitioner has filed civil suit for permanent injunction to the effect that the respondents be restrained from enchasing the security and performance guarantee on the alleged ground of non-completion of work.

3. In the said civil suit the petitioner has filed an application under Order 11 Rule 12 read with Section 151, CPC and under Order 11 Rule 14, CPC for summoning the original copy of the contract, measurement books, guard file and the measurement books of the work completed by the other contractor.

4. The respondents have admitted photo copy of the contract by the petitioner. The respondents have further submitted before the trial Court that there is no dispute with regard to the measurement of the work as the plaintiff-petitioner himself has admitted that the alleged work could not be completed for the reason beyond co