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1986 Supreme(Ori) 80

D.P.MOHAPATRA
J. S. CONSTRUCTION PVT. LTD. – Appellant
Versus
DAMODAR – Respondent


Advocates Appeared:
B.B.DAS GUPTA, P.PALIT

D. P. MOHAPATRA, J.


( 1 ) IN this application under S. 115 of the Code of Civil Procedure (for short, 'the Code') the petitioner, a company registered under the Indian Companies Act 1956 challenges the order dated 14-12-1981 of the trial court allowing the application of the opp. party under O. 11, Rr. 12 and 14 of the Code for discovery and production of documents.

( 2 ) THE petitioner filed the suit, M. S. No. 312 of 1981, in the court of the subordinate Judge, First Court Cuttack claiming Rs. 50,0000/- (five lakhs) from the opposite party with pendente lite and future interest towards damages for the alleged false allegations and accusations made by the opposite party against the petitioner questioning its eligibility and competence to undertake the work in connection with the construction of Mahanadi-Birupa Barrage Project. On being noticed in the aforesaid suit, the opposite party before filing his written statement filed an application under O. 11, Rr. 12 and 14 of the Code, praying for the direction to the petitioner to make discovery of the documents described in the Schedule to the application. The schedule contained a list of the following 11 documents : (1) Certificate






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