D.L. MEHTA, J.—Heard learned counsel for the parties. Perused the order dated 5.9.85 passed by the court below.

2. Plaintiff instituted a suit against the present petitioners defendant for the declaration that her service have wrongly been terminated and she is still the employee of the institution.

3. Application under order 39 Rule 1 and 2 was filed by the present petitioner No. 1. The petitioner also moved an application under Order 11 Rule 12 as well as under order 11 rule 14. The application was granted and the present petitioner has been directed to produce the documents in the court.

4. Mr. Chadha appearing on behalf of the present petitioner defendants submitted that application under Order 11 Rule 12 and 14 cannot be submitted in miscellaneous application filed in a suit for the grant of temporary injunction. Order 11 Rule 12 provides that any party may apply to the court for directing any other party to a suit to make discovery on oath of the documents which are or have been in his possession or power relating to any matter in question therein. After hearing the parties, the court if satisfied may pass an order and direct the opposite party to submit the affidavit under Rule

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