1. Being aggrieved by the order dated 27.4.2011 passed by the 2nd Additional District Judge. Vidisha in COS No. 2-A/2011. whereby the applications filed by the petitioner u/s. VI r. 17 CPC and u/s 65 of the Evidence Act were dismissed. present petition has been filed.

2. Short facts of the case are that the petitioner filed a suit for specific performance of the agreement. In that suit at the stage of evidence. two applications were filed by the petitioner. which were dismissed against which present petition has been filed.

3. Learned counsel for the petitioner argued at length and submitted that the impugned order passed by the learned Court below is incorrect. illegal and deserves to be set aside. It is submitted that petition filed by the petitioner be allowed and the impugned order be set aside.

4. Learned counsel for the respondent submits that no illegality has been committed by the learned Court below in dismissing the applications filed by the petitioner. It is submitted that petition filed by the petitioner be dismissed.

5. After hearing the learned counsel for the petitioner, this Court is of the• view that the case was at the stage of evidence as it is only afftidavit w