( 1 ) HEARD learned counsel for the parties.

( 2 ) THIS petition challenges the order dated 6-5-2005 passed by the trial court and order dated 19-12-2005 passed by the revisional court. The respondent No. 1 filed a suit for declaration against the petitioners-defendants in which the plaintiff presented an application under Order XI, Rule 12 C. P. C. for discovery of certain documents. Initially the said application was dismissed vide order dated 4-4-2005 (Annexure-6) stating that the application was not supported with affidavit and the defendants petitioners had denied possession of those documents sought to be discovered. Thereafter, a second application stated to be under Section 151 C. P. C. was moved with the same prayer, which has been allowed by the impugned order. This application was supported with affidavit. The revisional court has dismissed the revision of the petitioners stating that the revisional court would not go into the factual matters and thus, the revision was not found having merits.

( 3 ) LEARNED counsel appearing for the petitioners has tried to emphasise that the earlier order rejecting the application of the respondent-plaintiff will operate as res judi cat

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