A. K. Shrivastava, J.—By this petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of the impugned order dated 10.09.2010 passed in Civil Suit No. 15-A/2010 by 14th Civil Judge. Class-II, Gwalior, by which the application under Order XI, Rule 12 of the Code of Civil Procedure of the petitioner-defendant has been rejected.

2. On bare perusal of the impugned order, we find that on the settlement date, an application under Order XI, Rule 12 of the Code of Civil Procedure for the discovery of the documents has been filed by the defendant and it has been prayed that the respondent-plaintiff shall disclose on affidavit the documents which are in his possession.

3. Learned Trial Court has rejected the said application.

4. Shri Suresh Kushwah, learned counsel for the petitioner/defendant by inviting our attention to Rule 12 of Order XI of the Code of Civil Procedure has submitted that it was not incumbent upon the defendant to file an affidavit alongwith an application under Order XI, Rule 12 of the Code of Civil Procedure and it was also not necessary to specify the documents in the application and, therefore, the learned trial Court